Discipline. A. The terms of this Article shall apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically provided. B. Discipline of an employee shall be imposed only for just cause. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline. C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause. D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents. E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to the employee. Such notice shall contain a specification of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the discipline. F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penalty.
Appears in 6 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. The terms 21.01 No employee shall be disciplined or discharged except for just cause.
21.02 When an employee is required to attend a meeting, the purpose of which concerns possible disciplinary action against the employee, or to discuss performance issues which may lead to disciplinary action or discharge, the employee shall be advised that he or she is entitled to have at his or her option, an employee representative accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee representative.
21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this Article discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall apply be limited to permanent career service employees and probationary employees disciplined during their working test periodthe grounds for suspension or dismissal contained in this notification. Unclassified and provisional employees The employee shall only be covered where such is specifically providedprovided with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee.
B. Discipline 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date of the hearing. .
21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be imposed only for just causeremoved and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction The Employer shall inform the employee in grade or dismissal from service, based upon the personal conduct or performance writing of the involved employee. Dismissal destruction of any document or written statement related to disciplinary action.
21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from service exercising his or reduction in grade based upon a layoff or other operational judgment her obligations flowing from the ethical standards of the State professional body to which the employee belongs.
21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto.
21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight disciplined nor adversely affected as a suspension without pay for purposes result of progressive disciplinereporting the violation.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to the employee. Such notice shall contain a specification of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the discipline.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penalty.
Appears in 6 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Discipline. A. No employee shall be disciplined, reduced in pay or position, suspended, or discharged, without just cause. The terms City agrees to begin the disciplinary process within ten (10) calendar days of this Article receipt of knowledge of any act requiring discipline or within ten (10) calendar days of the conclusion of an investigation that results in discipline. The time limits for commencing discipline shall apply be extended in cases of pre-approved vacation and leave days. Documented warnings and reprimands that do not involve a reduction in pay or position, suspension, or discharge are not appealable to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically providedbinding arbitration.
B. Discipline The principles of an employee progressive disciplinary action normally shall be imposed only for just causefollowed with respect to minor offenses. Discipline under this Article means official It shall be corrective in nature, and applied in a uniform manner. Normal progressive discipline shall consist of, but not be limited to, a documented verbal warning, written warning, written reprimand, fineshort-term unpaid suspension [one (1) to ten (10) days], suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record long-term unpaid suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later (more than ten (10) days after days), reduction in rank and discharge. A letter of counseling will be considered pre-disciplinary in nature, and will not be subject to the grievance procedure.
C. The City may take disciplinary action deemed necessary by the circumstances on a case-by-case basis.
D. The City agrees not to suspend without pay, demote or discharge an appeal is filed of employee without first conducting a Preliminary Notice of Disciplinehearing. The State may supplement its initial production hearing will be held among the City, the employee, and a Labor Council representative if the employee so desires. A copy of documentsthe charges will be sent to the employee not less than three (3) working days prior to the date of the hearing.
E. Where In cases where a suspension of ten (10) days or less has been imposed on a bargaining unit member, the City may offer the member the option to forfeit accrued compensatory time or vacation leave. If such an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. aboveoffer is made and accepted, written notice of such discipline the forfeiture shall be given to one
(1) hour of accrued compensatory time or vacation leave, for each hour of proposed suspension. The forfeiture of leave shall constitute disciplinary action of record the same as though the suspension had been served and shall be placed in the employee's personnel file. Such notice The forfeiture of leave shall contain a specification constitute the final resolution of the nature departmental charges, and once accepted by the bargaining unit member, forfeiture of accrued leave is not subject to further appeal through the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the disciplinegrievance procedure or otherwise.
F. 1. The name No public disclosure shall be initiated by the City of any disciplinary action taken or proposed against a Bargaining Unit Employee unless and until criminal charges have also been filed. Nothing in this section shall preempt and/or violate State or Federal law.
G. The Labor Council recognizes that the Employer may take disciplinary action for actions occurring while the employee who is notified working off-duty details, while wearing the uniform of suspension the Employer, or dismissal pursuant to paragraph E. above shall be transmitted to while off duty representing themselves as an employee of the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penaltyEmployer.
Appears in 6 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. The terms University shall not discipline, suspend without pay, demote for disciplinary reasons, or discharge any unit member without just cause.
B. A unit member who is discharged or suspended shall be given prompt written notice, either in person or by certified mail, return receipt requested, to the unit member's last known address according to University records, of the discharge or suspension and the reasons therefore.
C. The Association shall be given prompt written notice of the written reprimand, discharge or suspension of any unit member.
D. The University agrees that it will follow the principle of corrective discipline for minor offenses prior to effecting a discharge or suspension without pay of a unit member.
E. A written reprimand notice shall not remain in effect for a period of more than twelve (12) months from the date of the occurrence upon which a reprimand is based, provided that the unit member has received no other written reprimand during such period. Any letter of reprimand shall (1) clearly state that it is a letter of reprimand and (2) notify the employee that further disciplinary action may follow if the problem is not corrected. Letters of advice or counsel which do not meet these criteria shall not be considered notice of reprimand.
F. Any unit member discharged must be paid in full for all wages owed him or her by the University, including overtime, compensatory time, and unused earned annual leave and holiday pay, if any, on the next regular payday following the pay period in which the discharge occurs.
G. A grievance regarding the discharge or suspension without pay of a unit member may be initiated at Step 2 of the grievance procedure as set forth in Article 10, Section C, within twenty (20) days after the notification of the discharge or suspension without pay.
H. Sections A and D of this Article shall apply not be applicable to permanent career service employees and probationary employees disciplined during their working test periodany unit member until he or she has actively worked for the University for at least six (6) months. Unclassified and provisional employees shall only be covered where such Any period of layoff, leave without pay or period of time which is specifically provided.
B. Discipline of an employee shall be imposed only for just cause. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon not included within the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State unit member's work year shall not be construed considered to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive disciplineactive work.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to the employee. Such notice shall contain a specification of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the discipline.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penalty.
Appears in 5 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. No employee shall be disciplined, reduced in pay or position, suspended, or discharged, without just cause. The terms City agrees to begin the disciplinary process within ten (10) calendar days of this Article receipt of knowledge of any act requiring discipline or within ten (10) calendar days of the conclusion of an investigation that results in discipline. The time limits for commencing discipline shall apply be extended in cases of pre-approved vacation and leave days. Documented warnings and reprimands that do not involve a reduction in pay or position, suspension, or discharge are not appealable to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically providedbinding arbitration.
B. Discipline The principles of an employee progressive disciplinary action normally shall be imposed only for just causefollowed with respect to minor offenses. Discipline under this Article means official It shall be corrective in nature, and applied in a uniform manner. Normal progressive discipline shall consist of, but not be limited to, a documented verbal warning, written warning, written reprimand, fineshort-term unpaid suspension [one (1) to ten (10) days], suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record long-term unpaid suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later (more than ten (10) days after days), reduction in rank and discharge. A letter of counseling will be considered pre-disciplinary in nature, and will not be subject to the grievance procedure.
C. The City may take disciplinary action deemed necessary by the circumstances on a case-by-case basis.
D. The City agrees not to suspend without pay, demote or discharge an appeal is filed of employee without first conducting a Preliminary Notice of Disciplinehearing. The State may supplement its initial production hearing will be held among the City, the employee, and a Labor Council representative if the employee so desires. A copy of documentsthe charges will be sent to the employee not less than three (3) working days prior to the date of the hearing.
E. Where In cases where a suspension of ten (10) days or less has been imposed on a bargaining unit member, the City may offer the member the option to forfeit accrued compensatory time or vacation leave. If such an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. aboveoffer is made and accepted, written notice of such discipline the forfeiture shall be given to one (1) hour of accrued compensatory time or vacation leave, for each hour of proposed suspension. The forfeiture of leave shall constitute disciplinary action of record the same as though the suspension had been served and shall be placed in the employee's personnel file. Such notice The forfeiture of leave shall contain a specification constitute the final resolution of the nature departmental charges, and once accepted by the bargaining unit member, forfeiture of accrued leave is not subject to further appeal through the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the disciplinegrievance procedure or otherwise.
F. 1. The name No public disclosure shall be initiated by the City of any employee who is notified of suspension disciplinary action taken or dismissal pursuant to paragraph E. above proposed against a Bargaining Unit Employee unless and until criminal charges have also been filed. Nothing in this section shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed preempt and/or violate State or anticipated penaltyFederal law.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. 22.01 The terms of this Article shall apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically provided.
B. Discipline of an employee shall be imposed only for just cause. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions Board may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for impose discipline up to and including dismissal of an employee when performance or behavior has failed to meet satisfactory or required levels.
22.02 Discipline shall only be imposed for cause. Unless the welfare of students, other employees and/or the district is adversely affected, discipline shall be progressive in nature consisting of verbal and/or written warnings by the immediate supervisor before a suspension or termination is imposed. Disciplinary actions more than two years old will not be used against an employee unless they represent a continuing pattern of offenses.
A. Any employee upon whom suspension, reduction or termination is to be considered or imposed shall receive the following:
1. A written notice of the alleged charges including times, dates and locations of the chargeable actions or omissions.
2. A statement of the employee's right to representation.
3. A reasonable time to prepare or respond before the hearing.
4. The right to present evidence and respond to the charges.
5. A written decision from service the supervisor/administrator.
B. Any employee upon whom suspension, reduction, or termination is recommended shall include those causes set forth in N.J.A.C. 4A:2-2.3have the right to appeal the decision to the Superintendent prior to a recommendation being made to the Board of Education.
C. An employee who alleges that he/she has been disciplined without cause shall have recourse through the grievance procedure. This list Such an appeal shall begin with the first written step of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive the grievance procedure. An employee who has been suspended, reduced or terminated by the Board of Education and discipline up wishes to appeal that suspension, reduction, or termination shall have recourse only by utilization of Step 3 of the grievance procedure, which must be submitted within fifteen (15) working days of the official action. A newly hired probationary employee shall be subject to disciplinary action including termination and including dismissal from service may be made for any other combination of circumstances amounting to just causeshall have no recourse through the grievance procedure except as otherwise provided by law.
D. The burden of proof in Disciplinary action and/or the disciplinary procedures conference shall be upon initiated within twenty (20) workdays from the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to the employee. Such notice shall contain a specification of the nature of the charge, a general description of date the alleged acts and/or conduct upon which the charge infraction is based known and the nature of the disciplineverified.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penalty.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. No employee shall be disciplined, reduced in pay or position, suspended, or discharged, without just cause. The terms City agrees to begin the disciplinary process within ten (10) calendar days of this Article receipt of knowledge of any act requiring discipline or within ten (10) calendar days of the conclusion of an investigation that results in discipline. The time limits for commencing discipline shall apply be extended in cases of pre-approved vacation and leave days. Documented warnings and reprimands that do not involve a reduction in pay or position, suspension, or discharge are not appealable to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically providedbinding arbitration.
B. Discipline The principles of an employee progressive disciplinary action normally shall be imposed only for just causefollowed with respect to minor offenses. Discipline under this Article means official It shall be corrective in nature, and applied in a uniform manner. Normal progressive discipline shall consist of, but not be limited to, a documented verbal warning, written warning, written reprimand, fineshort-term unpaid suspension [one (1) to ten (10) days], suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record long-term unpaid suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later (more than ten (10) days after days), reduction in position and discharge. A letter of counseling will be considered pre-disciplinary in nature, and will not be subject to the grievance procedure.
C. The City may take disciplinary action deemed necessary by the circumstances on a case-by-case basis.
D. The City agrees not to suspend without pay, demote or discharge an appeal is filed of employee without first conducting a Preliminary Notice of Disciplinehearing. The State may supplement its initial production hearing will be held among the City, the employee, and a Labor Council representative if the employee so desires. A copy of documentsthe charges will be sent to the employee not less than three (3) working days prior to the date of the hearing.
E. Where In cases where a suspension of ten (10) days or less has been imposed on a bargaining unit member, the City may offer the member the option to forfeit accrued compensatory time or vacation leave. If such an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. aboveoffer is made and accepted, written notice of such discipline the forfeiture shall be given to one (1) hour of accrued compensatory time or vacation leave, for each hour of proposed suspension. The forfeiture of leave shall constitute disciplinary action of record the same as though the suspension had been served and shall be placed in the employee's personnel file. Such notice The forfeiture of leave shall contain a specification constitute the final resolution of the nature departmental charges, and once accepted by the bargaining unit member, forfeiture of accrued leave is not subject to further appeal through the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the disciplinegrievance procedure or otherwise.
F. 1. The name No public disclosure shall be initiated by the City of any employee who is notified of suspension disciplinary action taken or dismissal pursuant to paragraph E. above proposed against a Bargaining Unit Employee unless and until criminal charges have also been filed. Nothing in this section shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed preempt and/or violate State or anticipated penaltyFederal law.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. The terms Documents related to disciplinary measures
22.01 Notice of this Article shall apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically provided.
B. Discipline disciplinary action which may have been placed on the file of an that employee shall be imposed destroyed after two (2) years have elapsed since the disciplinary action took place provided that no further occurrence of disciplinary action has been recorded during this subsequent period.
22.02 Any disciplinary record in the employee’s file of which he/she was not made aware at the time it was placed there shall be declared null and non-existent.
22.03 The employer will withdraw from the employee's file and destroy, without delay, any document of a disciplinary nature which has been proven to be ill-founded, in whole or in part.
22.04 Any disciplinary action is communicated to the concerned employee in a written notice with copy to the union. This disciplinary notice describes the disciplinary action and the reasons explaining it. Only disciplinary actions submitted in writing to the employee and the union, in accordance with this article, may be submitted as evidence during an arbitration and be placed in employee’s file. Except in the case of a serious offence, a suspension only for just cause. Discipline under this Article means official becomes effective after two (2) working days following receipt of the disciplinary action by the employee.
22.05 Where written departmental standards of discipline are developed or amended, the Employer agrees to supply sufficient information on the standards of discipline to each employee and to the Institute.
22.06 A written reprimand, fine, a suspension without pay, record suspensions, reduction in grade or a dismissal from service, based upon are disciplinary measures that may be applied depending on the personal conduct severity or performance the frequency of the involved employeealleged offence. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall The Employer will not be construed to be discipline. Suspensions may take the form of a suspension disciplinary actions without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 sufficient and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management which he has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documentsproof.
E. 22.07 At any administrative inquiry, hearing or investigation conducted by the Employer, where the actions of an employee may have had a bearing on the events or circumstances leading thereto, and the employee is required to appear at the administrative inquiry, hearing or investigation being conducted, he/she may be accompanied by a union representative. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. abovepracticable, written the employee shall receive a minimum of two (2) working days’ notice of such discipline shall be given administrative inquiry, hearing or investigation being conducted as well as its purpose. The unavailability of the union representative will not delay the inquiry, hearing or investigation more than forty-eight (48) hours from the time of notification to the employee. Such notice shall contain .
22.08 When an employee is required to attend a specification meeting, the purpose of which is to conduct a disciplinary hearing concerning him/her or to render a disciplinary decision concerning him/her, the nature of the chargeemployee is entitled to have, at his/her request, a general description union representative attend the meeting. Where practicable, the employee shall receive a minimum of the alleged acts and/or conduct upon which the charge is based and the nature of the discipline.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (722) hours after days’ notice of such notice. The notice shall specify the imposed or anticipated penaltya meeting as well as its purpose.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. The terms of this Article shall apply to permanent career service employees and probationary employees disciplined during their working test periodSection 13.1. Unclassified and provisional employees shall only be covered where such is specifically provided.
B. Discipline of an employee All disciplinary action shall be imposed only for just cause. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures Section 13.2. Verbal and written reprimands shall be upon have no further effect one (1) year after the State, except as otherwise provided. At the beginning effective date of the hearingreprimand providing there is no intervening disciplinary action during the one (1) year period and will, upon request, be removed from the employee’s file.
Section 13.3. Suspensions shall have no further effect two (2) years following the date of the suspension providing there is no intervening disciplinary action during the two (2) year period and will, upon request, be removed from the employee’s file.
Section 13.4. In imposing discipline on a current charge, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon Employer shall not take into account any reprimands or suspensions which management relies in meeting its burden. Management shall provide are no longer effective pursuant to the Union all evidence it will present schedule in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documentsSections 2 and 3 herein.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline Section 13.5. An employee shall be given to a copy of any written reprimand, suspension, or other disciplinary action entered on his personnel record. The Local Union President shall receive a copy of any suspension and/or discharge notice.
Section 13.6. Any employee who has been disciplined by suspension or discharge will be given a written statement describing the employeereason or reasons for which he has been suspended or discharged. Such notice shall contain a specification ill the case of the nature suspension, he will be advised of the charge, a general description duration of the alleged acts and/or conduct upon which suspension. In the charge is based and the nature of the discipline.
F. 1. The name of any employee who is notified case of suspension or dismissal pursuant to paragraph E. above discharge, the Local Union President, or other designated Union Representative, and the disciplined employee shall be transmitted present at a required pre-disciplinary conference before the Safety-Service Director, prior to issuing any suspension or discharge to an employee. An employee may waive the Union right to such pre-disciplinary conference by so notifying the Employer in writing.
Section 13.7. Any suspension shall be for a specific number of consecutive days on which the employee would be regularly scheduled to work. Holidays occurring during a period of suspension shall be counted as soon as is feasible and not work days for the purpose of suspension only.
Section 13.8. Any grievance concerning suspension and/or discharge shall be appealed directly to exceed seventy-two (72) hours after such notice. The notice shall specify Step 2 of the imposed or anticipated penaltygrievance procedure.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. The terms of this Article shall apply to permanent career service employees and probationary employees disciplined during their working test periodSECTION 1. Unclassified and provisional employees shall only be covered where such is specifically provided.
B. Discipline of an employee All disciplinary action shall be imposed only for just cause. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall SECTION 2. Verbal reprimands will be upon removed from employees’ personnel files twelve (12) months after the State, except as otherwise provided. At the beginning effective date of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, reprimand providing there is no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, intervening written notice of such disciplinary action during the twelve (12) month period. Written reprimands will be removed from employees’ personnel files eighteen (18) months after the effective date of the reprimand providing there is no intervening written notice of disciplinary action during the eighteen (18) month period.
SECTION 3. Suspensions will be removed from an employee’s personnel file thirty- six (36) months following the date of the suspension providing there is not intervening written notice of disciplinary action during the thirty-six (36) month period.
SECTION 4. In imposing discipline on a current charge, the Employer shall not take into account any reprimands or suspensions which would have been removed by the procedure of Section 2 and 3 herein.
SECTION 5. An employee shall be given to a copy of any written warning, reprimand, or other disciplinary action entered on his personnel record. The Chapter Chairperson shall receive a copy of any suspension and/or discharge notice.
SECTION 6. Any employee who has been disciplined by suspension or discharge will be given a written statement describing the employeereason or reasons for which he has been suspended or discharged. Such notice shall contain a specification In the case of suspension, he will be advised of the nature duration of the chargesuspension. In the case of reprimand, suspension, or discharge, the Chapter Chairperson and the disciplined employee will be present at a general description required hearing before the Employer’s Administrative Head, or person issuing any discipline to an employee.
SECTION 7. Any suspension shall be for a specific number of the alleged acts and/or conduct upon consecutive days on which the charge is based and the nature of the discipline.
F. 1employee would be regularly scheduled to work. The name of any employee who is notified Holidays occurring during a period of suspension or dismissal pursuant to paragraph E. above shall be transmitted to counted as workdays for the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penaltypurpose of suspension only.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. The parties will conduct quarterly meetings to review and adjust any problems that arise under this Article. The parties agree that the continuation of this article will be reevaluated upon the expiration of this agreement.
A. The All terms of this Article shall apply to permanent career service employees. Intermittent employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only will be covered where such is specifically provided.by the terms of this Article when they enter the permanent career service. All terms of this Article also apply to unclassified employees with a minimum of three (3) years of State service. Provisional employees, and unclassified employees with less than three (3) years of State service, will be covered by Section K.
B. Discipline of an employee shall be imposed only for just cause. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service. A suspension may not be imposed for greater than forty-five (45) workdays, based upon the personal conduct or performance of the involved employeeexcept as specified under paragraph C below. Dismissal from service or reduction in grade based upon a layoff layoff, or other operational judgment of the State shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list Suspensions without pay of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service more than 45 days may be made imposed pending the outcome of a criminal complaint, or in cases involving collateral issues including but not limited to allegations of abuse or neglect, or charges involving the loss of a license or credential that is required as a condition of employment.
D. Disciplinary action may be initiated for any other combination of circumstances the reasons specified in the Civil Service Commission Rules or for any circumstance amounting to just sufficient cause.
D. E. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later K for provisional and unclassified employees with less than ten three (103) days after an appeal is filed years of a Preliminary Notice of Discipline. The State may supplement its initial production of documentsservice.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice F. This Article is the exclusive procedure for the processing of such disciplinary actions for employees covered by this Agreement. Minor discipline shall be given to the employeedefined as a suspension or fine of three (3) days or less or official written reprimand. Such notice Major discipline shall contain be defined as a specification suspension or fine of the nature of the chargefour (4) days or greater, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the disciplinedemotion or termination.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant G. All references to paragraph E. above shall be transmitted “days” in this Article are to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penaltycalendar days unless otherwise specified.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. Section 1. An employee may be placed on disciplinary probation not to exceed ninety (90) calendar days. The terms of this Article shall apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only disciplinary probation provided herein, may be covered where such is specifically providedgiven in conjunction with any other disciplinary action for the incident which resulted in disciplinary probation.
B. Discipline Section 2. Upon written request from an employee, the City shall remove from an employee's Personnel and employing department's files, any and all disciplinary actions, except suspension and dismissal, more than one
(1) year old.
Section 3. Upon being informed that an employee has been accused of behavior which, if substantiated, would be cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, they shall give written notice of the dismissal and, if after investigation, the Department Head determines that the accusation cannot be substantiated or does not constitute cause for dismissal, the employee shall be imposed only reinstated and awarded back pay for just cause. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance any portion of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall suspension time not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight imposed as a suspension without pay for purposes of progressive disciplinedisciplinary action.
C. Just cause for discipline up Section 4. At least three (3) working days prior to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2any pre-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures meeting, the employee shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to the employee. Such notice shall contain a specification which sets forth an explanation of the nature of the chargeallegations against the employee and a detailed explanation of the evidence in the possession of the City supporting such allegations. The employee shall have the right to the presence of an attorney or union representative at the pre-disciplinary meeting. The City shall not discipline an employee without just cause, and shall recognize and employ progressive discipline when possible. When imposing progressive discipline, the nature and severity of the infraction shall be considered along with the history of discipline and performance contained in the employee=s personnel file. If management decides to impose disciplinary action following a pre- disciplinary meeting, notice of such disciplinary action shall be issued to the employee and his/her representative within seven (7) working days of the pre-disciplinary meeting except by mutual agreement.
Section 5. If no disciplinary action is taken after an investigative suspension, the City shall remove all documentation related thereto from the employee=s personnel file.
Section 6. Any disciplinary action must be initiated within one (1) year after the City becomes aware of the incident providing the basis for the disciplinary action.
Section 7. In preparation for a pre-disciplinary meeting, an employee shall have the right to access his or her work computer and city email account to retrieve any information necessary to his or her defense.
Section 8. When an employee has been disciplined or faces possible disciplinary action at a level greater than a reprimand, a general description designated Union officer or ▇▇▇▇▇▇▇ shall be allowed to review such employee=s personnel file upon written request to the Personnel Director (or his designated representative) and the provision of written authorization from the employee requesting the file review.
Section 9. An employee shall not be subject to multiple levels of discipline for the same act or offense arising from the same facts.
Section 10. ADiscipline@ shall be defined as any action taken by the employer to correct or improve employee performance or behavior which results in any documentation placed in an employee=s files, including, but not limited to, oral warnings or counselings which are memorialized in writing, written warnings or counselings, reprimands, disciplinary probations, demotions, suspensions and terminations. It shall not be necessary to conduct a pre-disciplinary meeting prior to the consideration or issuance of discipline at any level less than reprimand, disciplinary probation, demotion, suspension or termination.
Section 11. Disciplinary actions of disciplinary probation, demotion, suspension or termination may be appealed to step 2 of the alleged acts and/or conduct upon which the charge is based and the nature of the disciplinegrievance procedure.
F. 1Section 12. The name Disciplinary actions of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall a reprimand may be transmitted appealed to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penaltyPersonnel Director.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. The terms Employees who do not receive an appointment for a period of this Article years may be removed for cause by the City provided that said removal is neither arbitrary nor capricious. Employees who receive an appointment for a period of year(s) may be removed (i.e. suspension, demotion and/or terminated) from the employee's position during the period of appointment provided that the removal is for cause is neither arbitrary nor capricious. All employees shall apply to permanent career service employees and be given a six (6) month probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically provided.
B. Discipline After completion of an the probationary period, no employee shall be imposed only disciplined or discharged except for just cause. Discipline under this Article means official written reprimandThe Union shall be notified of all disciplinary actions, fineincluding discharge, suspension without paywithin 24 hours. In administrating the requirement of just cause, record the Mayor or his/her designee shall observe the following procedures for warnings, suspensions, reduction and discharges:
Step 1: An employee shall be given a verbal warning. The verbal warning, which has been reduced in grade or dismissal writing, shall be removed from service, based upon the personal conduct or performance employee's file six (6) months after it is given if there are no infractions of the involved employee. Dismissal from service or reduction any kind in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive disciplinethat period.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, Step 2: A written notice of such discipline warning shall be given to the employee. Such notice shall contain a specification of the nature of the charge, employee with a general description of the alleged acts and/or conduct upon which reason for the charge is based discipline. Written warnings shall remain in an employee’s file for twelve (12) months except in situations where egregious behavior of the same nature continues then the Mayor will have the option to extend a written warning for an extended period of time mutually agreed to by the Union and the nature City.
Step 3: The employee shall be suspended for three days without pay. All suspensions shall remain in the employee’s file. Suspensions issued more than five (5) years before a disciplinary action shall be given less weight in determining the degree of the discipline.
F. 1Step 4: The employee shall be discharged and given the reason for said discharge in writing. The name City shall have the right to bypass any of any employee who is notified the first three steps for serious misconduct or serious violations of suspension work rules or dismissal pursuant to paragraph E. above safety practices. For the purposes of this progressive discipline policy, the City shall be transmitted refer to the Union Standards of Conduct as soon as is feasible and not to exceed seventy-two (72) hours after such noticefound in the Employee Handbook when determining when "serious misconduct" and/or "serious violations of work rules or safety practices" have occured. The City shall have the right to counsel employees who have had repetitive disciplinary problems regardless of whether or not the disciplinary notice shall specify the imposed or anticipated penaltyfor each such occasion remains on file.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. The terms 9.01 An employee who is discharged or suspended shall be given a reasonable opportunity to interview his/her Committeeperson in a private area designated by the Employer before leaving the Employer's premises, unless it is necessary, because of this Article shall apply the circumstances giving rise to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically providedthe suspension or discharge, to require the immediate expulsion of the employee from the plant premises.
B. Discipline of an 9.02 During the probationary period, any employee shall be imposed only for just cause. Discipline under this Article means official written reprimandconsidered as being employed on a trial basis, fineand may be discharged where the employee is considered, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance judgement of the involved Employer, to be unsuitable. The discharge of a probationary employee can be based on a lesser standard than that for a seniority employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment , and should not be arbitrary and should generally be at the discretion of the State Company. The plant chairperson shall not be construed informed of discharge of probationary employees immediately.
9.03 An employee who is to be discipline. Suspensions may take the form of receive a suspension without paywritten warning, record suspension, or discharge, shall have their regular zone Committeeperson or their alternate zone Committeeperson in the absence of their regular zone Committeeperson, at any meeting held for this purpose. The Employer will provide a combination copy of a suspension without pay the notice of written warning, suspension, or a record suspension. A record suspension is defined pursuant discharge to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive disciplineemployee’s Committeeperson.
C. Just cause for 9.04 In imposing discipline up on a current charge, no prior infractions that occurred more than twelve (12) months previously shall be taken into account or relied upon in any way.
9.05 When discipline (written warning, suspension and discharge) is to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3be imposed by the Company, it will be imposed within three (3) working days of the infraction. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made Any employee absent for any other combination reason from the date of circumstances amounting infraction will not be considered in the three (3) working day period. Prior to just cause.
D. The burden the issuance of proof in any disciplinary procedures shall be upon notice the State, except as otherwise provided. At Company will notify the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, appropriate Committeeperson except as provided in Section K9.01 above. If the above time limits are not strictly adhered to, belowthe discipline will not be imposed. There must The time limits may be sufficient non- hearsay evidence extended if agreed to by the parties in writing within the said three (3) working day time limit.
9.06 The company will endeavour not to administer discipline so late in the record workday that a Union representative may need to establish stay past normal working hours. Should the facts upon which management relies in meeting its burden. Management shall provide discipline be administered at such a time that the representative needs to stay past normal hours then that representative will be paid at the Union all evidence it will present in a departmental hearing, to applicable overtime rate for the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documentstime spent.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to the employee. Such notice shall contain a specification of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the discipline.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penalty.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Discipline. A. The terms of this Article shall apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically provided.
B. Discipline of an employee shall be imposed only for just cause. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to the employee. Such notice shall contain a specification of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the discipline.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penalty.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. The terms Employees shall not be disciplined without just cause. All suspensions shall be administered in accordance with the following due process: Whenever an employee is given notice of suspension pursuant to this Article, he/she shall be given concurrent notice of his/her right to appeal the decision and the right to request representation by the Association. Suspensions may be without pay, but shall not reduce or deprive the employee of seniority or other rights, or any fringe benefits, including the right to reimburse the District for any payroll deduction which would otherwise have been deducted from the employee’s paycheck including, but not limited to, organizational dues, credit union payments, charitable contributions, tax-sheltered annuities, or insurance premium payments. No suspension shall exceed five (5) working days in duration and no suspension period shall last or be carried over from one school year to the next. Discipline for any current action or infraction shall not be pyramided on account of prior actions or infractions which occurred more than six (6) months previously; provided however that nothing herein is interpreted or applied to limit the District’s right to take prior disciplinary action into account when determining appropriate discipline for current conduct. No employee shall receive more than one (1) penalty for any single action or -infraction. If, after having been disciplined, an employee serves the District for six (6) months without the need for further disciplinary action, he/she and the Association shall be given a follow-up notice to that effect, which shall also be attached to any original notice that may have been placed in his/her personnel file. No records of suspension shall be maintained by the District for longer than thirty-six (36) months. All information and proceedings regarding any of the actions or proposed actions within this Article shall be kept confidential by both parties in so far as possible. For purposes of this Article shall apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically provided.
B. Discipline of an employee shall be imposed only for just cause. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State discipline shall not be construed defined to be discipline. Suspensions may take the form of a include suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined and/or termination pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e)the California Education Code. Record Suspensions will have the same weight as a suspension without pay The principle of one penalty per infraction shall not apply to conduct documented for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list a statutory notice of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Disciplineunsatisfactory or unprofessional conduct. The State may supplement its initial production parties accept the principle of documentsprogressive discipline where applicable.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to the employee. Such notice shall contain a specification of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the discipline.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penalty.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. The terms of this Article shall apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically provided.
B. Discipline of an Any employee disciplinary action taken shall be imposed only for just causeprogressive when practicable and be dependent upon the seriousness of the infraction/offense, and the employee's work record. Disciplinary action shall be commensurate with the seriousness of the infraction. Written disciplinary actions shall be hand delivered or sent to the employee by certified mail. The discipline shall include: warning; written reprimand; six (6) month probation; reassignment and/or transfer; suspension without pay (3 days or less), suspension without pay (beyond 3 days but not to exceed 30 days) or discharge. These are not steps. Discipline under this Article means official may be imposed for the following reasons: violation of written reprimandrules and regulations as set forth by the Board of Education, fineincompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or any other acts of misfeasance, malfeasance or nonfeasance. Unexcused absence from work will result in immediate suspension without pay (3 days or less). Multiple unexcused absences from work will result suspension without pay beyond 3 days to include discharge. The appropriate administrator shall promptly inform the employee of any disciplinary action and the reasons for it. It shall be the objective of those taking disciplinary action and of the employees that they handle their roles in such a manner as will avoid embarrassment. An employee disciplined in writing shall have the opportunity to make a written response for inclusion in the personnel file within ten (10) work days by providing a copy to the person taking the disciplinary action. No disciplinary action of any kind shall be taken for reasons of participation by employees engaged in Association activities which are lawful and not in violation of policies and rules of the Employer. When probation, reassignment and/or transfer, suspension without pay, record suspensionsor discharge is involved, reduction in grade or dismissal from servicethe employee, based upon request to the personal conduct or performance appropriate administrator, shall be granted a meeting with the person administering the action prior to it being taken, at which time the employee may have a representative of the involved employeeAssociation present. Dismissal from service or reduction Employee non-renewal and/or termination shall be in grade based upon a layoff or other operational judgment of the State shall accordance with law and not be construed subject to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes grievance procedure set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just causeherein.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to the employee. Such notice shall contain a specification of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the discipline.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penalty.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Discipline. A. The terms of this Article shall apply Employees who may be subject to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically provided.
B. Discipline of an employee disciplinary measures shall be imposed only for afforded due process. When possible, progressive discipline consisting of oral reprimand, written reprimand, demotion, suspension, and discharge should be used. When the offense, however, is deemed to be of a serious enough nature, preceding steps may be waived. I f the offense is found to be gross misconduct, progressive discipline steps may be waived and the employee may be discharged. If the employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. The Union shall have the right to challenge disciplinary actions either through the grievance process or the administrative appeal process (Education Article Section 4-205) which culminates in a hearing before a Board of Education appointed hearing examiner. If an administrative appeal is requested while a grievance on the same subject is being processed in accordance with the formal grievance procedure, such appeal will be held in abeyance until the grievance has reached Step 5/arbitration of the Master Agreement’s procedures. The employer shall not terminate any regular employee without just cause. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed Any employee found to be disciplineunjustly suspended or terminated shall be reinstated with full compensation for all lost time and with full restoration of all other rights and conditions of employment. Suspensions may take Every effort will be made by the form Board to notify an employee of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in possible disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than action within ten (10) working days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to the employee. Such notice shall contain a specification of the nature of the charge, a general description of the alleged acts and/or conduct upon infraction or the date on which the charge is based and the nature Board could have reasonably been expected to have had knowledge of the discipline.
F. 1alleged infraction or upon completion of an investigation. The name All hearings before the Board of any employee who is notified of suspension or dismissal pursuant to paragraph E. above Education’s hearing officer shall be transmitted to scheduled within 30 days of the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify Board’s receipt of the imposed or anticipated penaltyrequest for a hearing.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Discipline. A. No Bargaining Unit Member shall be disciplined without just cause. The terms of term “discipline” as used in this Article shall apply Agreement includes warnings, reprimands, suspensions, (with or without pay) reductions in rank, compensation, and discharge. The specific grounds forming the basis for disciplinary action will be made available to permanent career service employees the Bargaining Unit Member and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically providedthe Association in writing.
B. Discipline of an employee A Bargaining Unit Member shall be imposed only entitled to have a representative of the Association during any meeting which the Bargaining Unit Member believes may lead to disciplinary action. When a request for just causesuch representation is made, no action shall be taken with respect to the Bargaining Unit Member until such representative of the Association is present. Discipline Should disciplinary action likely occur at a given meeting, the Bargaining Unit Member shall be advised immediately of said possibility and be advised by the Employer of the right to representation under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance provision of the involved employeeAgreement. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall The Bargaining Unit Member may have up to forty-eight (48) hours to obtain Association representation if representation is not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive disciplineimmediately available.
C. Just cause for discipline up to It is agreed and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list understood that the following progressive system of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given followed:
1. Verbal warning by appropriate administrator.
2. Written warning by appropriate administrator.
3. Written reprimand by appropriate administrator.
4. Suspension with pay pending an investigation for “just cause”.
5. Suspension without pay.
6. Dismissal for just cause only. When a disciplinary action is deemed necessary for a transportation Bargaining Unit Member, the action will not be conducted in the time period of one (1) hour prior to a scheduled bus departure. For safety reasons, disciplinary actions are best carried out after drivers have completed their runs or trips for the employee. Such notice shall contain a specification of the nature of the charge, a general description day unless seriousness of the alleged acts and/or conduct upon which disciplinary action requires the charge removal of a driver immediately pending investigation. If a disciplinary action is based and carried out in the nature time period of one (1) hour prior to a bus run or trip, the discipline.
F. 1supervisor will provide a substitute for the driver at the schools expense. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall regular driver will be transmitted to paid for the Union as soon as is feasible and not to exceed seventy-two (72) hours after such noticerun missed. The notice shall specify the imposed or anticipated penaltyAll steps will include Association representation.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. The terms of this Article shall apply to permanent career service employees and probationary employees disciplined during their working test periodSECTION 1. Unclassified and provisional employees shall only Disciplinary actions will be covered where such is specifically provided.
B. Discipline of an employee shall be imposed only taken by the Employer for just cause, and in a generally consistent manner. However, circumstances, work histories, and mitigating or aggravating factors may result in different actions for similar offenses.
SECTION 2. Discipline under this Article means official written will usually be applied progressively for sequential offenses, using the following steps:
a. Oral reprimand
b. Written reprimand
c. Suspension without pay
d. Discharge
Subd. 1. It is recognized and acknowledged by the parties that when an incident of a serious nature occurs, the Employer may move directly to the severest actions, including discharge.
Subd. 2. Discharge actions are governed by requirements of M.S. §122A.41 for teachers.
SECTION 3. When disciplinary action above the level of oral reprimand, finepursuant to this Article, suspension is anticipated, or an investigation preceding possible disciplinary action is undertaken, a meeting will be scheduled by the supervising administrator to review the matter. The teacher shall be provided written or oral notice of such meeting, and shall be entitled to Union representation.
Subd. 1. If the Employer’s intent is to suspend without pay, record suspensionsor to discharge an employee, reduction the employee will, prior to implementation of such action, be provided an opportunity to meet with the supervisor who will make the final determination, and to present his/her position in grade or dismissal from servicethe matter. The employee is entitled to have Union representation.
Subd. 2. It is recognized and acknowledged by the parties, based upon however, that on some occasions, the personal conduct or performance offense is of such serious nature as to require immediate suspension of the involved employee, and in such instances, any review meeting will follow that action. Dismissal from service or reduction in grade based upon This may be a layoff or other operational judgment non-disciplinary suspension with pay, pending further investigation.
SECTION 4. All Disciplinary actions, except for oral reprimand, are subject to review through the grievance procedure of the State Labor Agreement. The discharge of a teacher covered under the Tenure Law will be governed under the procedures of M.S. §122A.41
SECTION 5. An employee who is disciplined pursuant to this article shall be furnished with notice of such disciplinary action, and a copy shall be entered into the employee’s personnel record in the Human Resource Department of the District. A copy of such notice shall also be provided to the Federation. Oral reprimands are excluded from the requirements of this section.
Subd. 1. The teacher has the right to submit a written response to such notice, which response will be incorporated into the teacher’s personnel record in the Human Resource Department at the teacher’s request.
Subd. 2. After a two-year period, the teacher may elect to request that the Human Resource Department review the notice document and consider its removal from the teacher’s file. Determination regarding such removal shall be entirely at the discretion of the District, and the decision shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive disciplinegrievable.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to the employee. Such notice shall contain a specification of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the discipline.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penalty.
Appears in 2 contracts
Sources: Professional Services, Professional Employment Agreement
Discipline. A. 10-1 Disciplinary action, as used in this article, includes written reprimands and suspensions without pay for up to fifteen (15) days for probationary and permanent employees. This Article shall not limit the District's right to evaluate or orally reprimand and counsel employees. Nor shall anything in Article 9, "Evaluation Procedures," limit the District's right to discipline employees pursuant to this Article.
10-2 The terms District may issue written reprimands and warnings. The employees may submit a response or rebuttal to the written reprimand or warning, a copy of which will be retained in the records, along with the reprimand. Alleged violations by the District of the procedures relating to issuance of reprimands and warnings are subject to the grievance procedures of this Article Agreement; however, the substance of the reprimand or warning is not subject to the grievance procedures. For the purpose of this article, a Conference Summary shall apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only not be covered where such considered disciplinary unless the behavior in the Conference Summary is specifically providedrepeated thereafter.
B. Discipline 10-3 The due process to be afforded unit members shall include the concepts of an employee shall be imposed only for just causeprogressive discipline and the prohibition of disparate treatment. Discipline under this Article means official Where the District imposes suspension without oral or written reprimand, finesuch suspension shall be only for cause.
10-3.1 Progressive discipline, suspension without payinitiated by the District, record suspensions, reduction in grade or dismissal from service, based upon shall include the personal conduct or performance following steps unless the seriousness of the involved employee. Dismissal from service ’s conduct warrants omitting one or reduction in grade based upon a layoff or other operational judgment more of the State shall not be construed to be discipline. Suspensions steps as determined by the District: A conversation with the supervisor A verbal warning A Conference Summary A Written Warning A Written Letter of Reprimand
10-4 The District may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension suspend employees without pay for purposes of progressive discipline.
C. Just cause for discipline up to and fifteen (15) working days, pursuant to the following provisions:
10-4.1 The suspension shall be based upon cause, including dismissal from service shall include those but not limited to, the causes set forth in N.J.A.C. 4A:2-2.3. This list Section 44932 of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just causethe Education Code.
D. 10-4.2 The burden of proof in disciplinary procedures Superintendent or his or her designee shall be upon give written notice to the State, except as otherwise provided. At the beginning employee of the hearingDistrict's intent to suspend the employee. The notice shall include the cause(s) on which the suspension is based, the Hearing Officer will state date(s) on which the record suspension shall take place, a statement that Management the employee has a right to discuss informally the burden proposed suspension with the Superintendent or his or her designee.
10-4.3 The employee shall have two (2) working days, within receipt of proving just cause for the imposition of disciplinenotice, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide respond to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given suspension. If the employee does not respond, the District will schedule the suspension and provide notice thereof to the employee. Such The employee's response to the notice of suspension, if any, shall contain a specification confirm the proposed date and time for the pre-suspension discussion, propose other dates for such discussion, or waive such discussion. The pre-suspension discussion, unless waived, shall take place within five (5) school days from the date of the nature notice.
10-4.4 The pre-suspension discussion shall be informal. The employee shall be given the opportunity to present facts and arguments regarding the proposed suspension.
10-4.5 The Superintendent or his or her designee shall inform the employee of the charge, a general description decision to suspend or not to suspend within three (3) working days from the date of the alleged acts and/or conduct upon which pre-suspension hearing or after two (2) days from the charge is based and the nature date of the disciplinenotice of suspension if the employee did not respond.
F. 110-4.6 The District shall schedule the suspension. The name suspension may be scheduled in one or more blocks of any employee who is notified time.
10-4.7 Disputes as to whether a suspension was based on cause or whether there has been a violation of the procedures set forth herein shall be resolved pursuant to the grievance procedures. A grievance regarding a suspension must be filed on the first day of the suspension or dismissal pursuant to paragraph E. above within twenty-five (25) school days thereafter.
10-4.8 In emergency situations requiring immediate suspension, the District may suspend the employee without scheduling a pre-suspension discussion. In such emergency situations, the Superintendent or his or her designee shall be transmitted to schedule an informal discussion with the Union employee and provide the employee with written notice thereof, as soon as is feasible and not to exceed seventy-two (72) hours possible after such notice. The notice shall specify the imposed or anticipated penaltysuspension has begun.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. 1. Disciplinary action shall be for just cause and shall be administered in a timely and progressive manner. The terms types of this Article shall apply discipline agreed to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such by the parties are as follows:
(a) Oral warning
(b) Written warning
(c) Suspension
(d) Discharge The Board’s agreement to use discipline in a progressive manner does not prevent the Board, in any case, from imposing discipline which is specifically providedcommensurate with the severity of the offense.
B. Discipline of an employee shall be imposed only for just cause2. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a A suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) working days after an appeal is filed may be imposed by the Chancellor. Any suspension in excess of a Preliminary Notice of Disciplineten (10) working days must be approved by the Board. The State foregoing notwithstanding, employees may supplement its initial production of documentsbe suspended without pay pursuant to the Board rules for egregious behavior as defined in the Board Rules.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above3. For written warnings, written the Board shall, upon at least 24 hours notice of such discipline shall be given to the employee. Such notice shall contain a specification of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based employee and the nature of the discipline.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventyUnion, schedule a pre-two (72) hours after such noticedisciplinary meeting. The notice shall specify contain the imposed specific charges upon which the recommendation for discipline is based. At this meeting, the Board shall inform the employee of the reason(s) for the contemplated discipline. The employee and the Union representative shall have the right to rebut or anticipated penaltyclarify the reasons for such discipline.
4. For disciplinary action involving suspension or discharge, the employee shall be notified in writing at least five (5) working days prior to a hearing conducted by the Chancellor or Chancellor’s designee. The notice shall contain the specific charges upon which the recommendation for discipline is based. The employee shall have the right to be represented by the Union or counsel of choice, and present evidence in his/her defense. No suspension or discharge involving the loss of pay or benefits shall take place prior to action of the Chancellor or Board except for egregious behavior as defined in the Board Rules. Chancellor - level hearings will be specified as such in writing to the affected employee.
5. A copy of disciplinary action, except oral warnings, shall be served upon the employee and the Union. Employees who exercise their rights under this Section M shall not be entitled to a separate disciplinary hearing under City College Board rules.
6. If an employee is called to conference with an administrator for other purposes and during the course of the meeting, in the opinion of the employee, it develops into a disciplinary meeting, the conference shall be adjourned and re-scheduled to allow for Union representation.
7. Adoption of this Section M shall not diminish any rights the Board or Union has established as a result of prior arbitrations or court cases.
8. An employee, who is placed on unpaid leave for egregious behavior, as defined in the Board Rules, shall remain on unpaid status throughout the disciplinary and grievance process. This section is not intended to prevent employees from being made whole as a result of a grievance resolution.
9. Any employee recommended to the Chancellor for dismissal for cause shall not be terminated until the employee has exhausted Step 2 of the grievance procedure. The reason(s) and/or cause(s) for this recommendation shall be stated in writing to the employee, with a copy to the Chancellor.
10. Upon the employee’s written request, all records pertaining to disciplinary actions shall be removed from the personnel files of employees after 18 months, provided that the employee has received no additional discipline for a similar offense.
11. Newly established rules or amendments to existing work rules shall be reduced to writing and furnished to the Union fifteen (15) work days prior to the effective date of the rule(s).
12. For the purposes of determining absenteeism, the following absences shall not be used as the basis for discipline under Board policies or work rules:
(a) Bereavement leave,
(b) injury or illness, for which Workers’ Compensation benefits are received,
(c) injury or illness for which an employee is hospitalized or is receiving continual outpatient treatment directly related to the hospitalized injury or illness.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. 10.01 The terms of this Article shall apply right to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional discharge, or otherwise discipline employees shall only remain at the discretion of the Employer, except that there shall be covered where no discharge or discipline without just cause, and such is specifically providedaction subject to the grievance procedure as outlined in Article 8.
B. Discipline of an employee 10.02 The normal procedure in disciplining employees shall be imposed only for just cause. Discipline under firstly to verbally warn the employee and to record this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state warning on the record that Management has employees record. Secondly to issue a written warning and to furnish a copy to the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide employee and a copy to the Union all evidence it will present in a departmental hearingoffice. A repetition of the offence or another offence by the same employee automatically involves at least suspension. The length of such suspension is to be at the discretion of the Employer, but is not to exceed one week. A further repetition or incident automatically involves discharge or suspension on the first offence. This, of course, is subject to the extent knowngrievance procedure. Where a suspension or discharge is involved, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline union Representative shall be given called in to be present at the interview between the Employer and the employee. Such notice The Union Representative shall contain a specification be informed of the nature suspension or discharge prior to the interview, where practical. Six (6) months after the issuing of a written warding, the chargewarning will be automatically cancelled, a general description and removed from the employees record. Twelve (12) months after the suspension, such suspension will automatically be cancelled, and removed from the employees record. A leave of absence will not be counted in these time periods.
10.03 Whenever an employee is discharged, the alleged acts and/or conduct upon which Employer shall immediately notify the charge is based discharged employee in writing of this discharge and the nature of the disciplinereason thereof.
F. 1. 10.04 The name Employer shall pay any discharged employee all of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union his/her wages in full as soon as is feasible possible after his/her discharge after any liability owed by him/her to the Employer has been paid or satisfied.
10.05 Any employee found through the grievance procedure or arbitration to have been unjustly discharged, shall within three (3) working days after the date of the settlement or the decision of the arbitration be reinstated in his/her former position, with compensation to be decided by the Arbitrator, or by mutual agreement between the Employer and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penaltyUnion.
Appears in 1 contract
Sources: Collective Agreement
Discipline. A. 1. Disciplinary action shall be for just cause and shall be administered in a timely and progressive manner. The terms types of this Article shall apply discipline agreed to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such by the parties are as follows:
(a) Oral warning
(b) Written warning
(c) Suspension
(d) Discharge The Board’s agreement to use discipline in a progressive manner does not prevent the Board, in any case, from imposing discipline which is specifically providedcommensurate with the severity of the offense.
B. Discipline of an employee shall be imposed only for just cause2. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a A suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) working days after an appeal is filed may be imposed by the Chancellor. Any suspension in excess of a Preliminary Notice of Disciplineten (10) working days must be approved by the Board. The State foregoing notwithstanding, employees may supplement its initial production of documentsbe suspended without pay pursuant to the Board rules for egregious behavior as defined in the Board Rules.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above3. For written warnings, written the Board shall, upon at least 24 hours notice of such discipline shall be given to the employee. Such notice shall contain a specification of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based employee and the nature of the discipline.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventyUnion, schedule a pre-two (72) hours after such noticedisciplinary meeting. The notice shall specify contain the imposed specific charges upon which the recommendation for discipline is based. At this meeting, the Board shall inform the employee of the reason(s) for the contemplated discipline. The employee and the Union representative shall have the right to rebut or anticipated penaltyclarify the reasons for such discipline.
4. For disciplinary action involving suspension or discharge, the employee shall be notified in writing at least five (5) working days prior to a hearing conducted by the Chancellor or Chancellor’s designee. The notice shall contain the specific charges upon which the recommendation for discipline is based. The employee shall have the right to be represented by the Union or counsel of choice, and present evidence in his/her defense. No suspension or discharge involving the loss of pay or benefits shall take place prior to action of the Chancellor or Board except for egregious behavior as defined in the Board Rules. Chancellor - level hearings will be specified as such in writing to the affected employee.
5. A copy of disciplinary action, except oral warnings, shall be served upon the employee and the Union. Employees who exercise their rights under this Section M shall not be entitled to a separate disciplinary hearing under City College Board rules.
6. If an employee is called to conference with an administrator for other purposes and during the course of the meeting, in the opinion of the employee, it develops into a disciplinary meeting, the conference shall be adjourned and re- scheduled to allow for Union representation.
7. Adoption of this Section M shall not diminish any rights the Board or Union has established as a result of prior arbitrations or court cases.
8. An employee, who is placed on unpaid leave for egregious behavior, as defined in the Board Rules, shall remain on unpaid status throughout the disciplinary and grievance process. This section is not intended to prevent employees from being made whole as a result of a grievance resolution.
9. Any employee recommended to the Chancellor for dismissal for cause shall not be terminated until the employee has exhausted Step 2 of the grievance procedure. The reason(s) and/or cause(s) for this recommendation shall be stated in writing to the employee, with a copy to the Chancellor.
10. Upon the employee’s written request, all records pertaining to disciplinary actions shall be removed from the personnel files of employees after 18 months, provided that the employee has received no additional discipline for a similar offense.
11. Newly established rules or amendments to existing work rules shall be reduced to writing and furnished to the Union fifteen (15) work days prior to the effective date of the rule(s).
12. For the purposes of determining absenteeism, the following absences shall not be used as the basis for discipline under Board policies or work rules,
a. Bereavement leave,
b. injury or illness, for which Workers’ Compensation benefits are received,
c. injury or illness for which an employee is hospitalized or is receiving continual outpatient treatment directly related to the hospitalized injury or illness.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. Section 1. An employee may be placed on disciplinary probation not to exceed ninety (90) calendar days. The terms of this Article shall apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only disciplinary probation provided herein, may be covered where such is specifically providedgiven in conjunction with any other disciplinary action for the incident which resulted in disciplinary probation.
B. Discipline Section 2. Upon written request from an employee, the City shall remove from an employee's Personnel and employing department's files, any and all disciplinary actions, except suspension and dismissal, more than one
(1) year old.
Section 3. Upon being informed that an employee has been accused of behavior which, if substantiated, would be cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, they shall give written notice of the dismissal and, if after investigation, the Department Head determines that the accusation cannot be substantiated or does not constitute cause for dismissal, the employee shall be imposed only reinstated and awarded back pay for just cause. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance any portion of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall suspension time not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight imposed as a suspension without pay for purposes of progressive disciplinedisciplinary action.
C. Just cause for discipline up Section 4. At least three (3) working days prior to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2any pre-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures meeting, the employee shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to the employee. Such notice shall contain a specification which sets forth an explanation of the nature of the chargeallegations against the employee and a detailed explanation of the evidence in the possession of the City supporting such allegations. The employee shall have the right to the presence of an attorney or union representative at the pre-disciplinary meeting. The City shall not discipline an employee without just cause, and shall recognize and employ progressive discipline when possible. When imposing progressive discipline, the nature and severity of the infraction shall be considered along with the history of discipline and performance contained in the employee=s personnel file. If management decides to impose disciplinary action following a pre- disciplinary meeting, notice of such disciplinary action shall be issued to the employee and his/her representative within seven (7) working days of the pre-disciplinary meeting except by mutual agreement.
Section 5. If no disciplinary action is taken after an investigative suspension, the City shall remove all documentation related thereto from the employee=s personnel file.
Section 6. Any disciplinary action must be initiated within one (1) year after the City becomes aware of the incident providing the basis for the disciplinary action.
Section 7. In preparation for a pre-disciplinary meeting, an employee shall have the right to access his or her work computer and city email account to retrieve any information necessary to his or her defense.
Section 8. When an employee has been disciplined or faces possible disciplinary action at a level greater than a reprimand, a general description designated Union officer or ▇▇▇▇▇▇▇ shall be allowed to review such employee=s personnel file upon written request to the Personnel Human Resources Director (or his designated representative) and the provision of written authorization from the employee requesting the file review.
Section 9. An employee shall not be subject to multiple levels of discipline for the same act or offense arising from the same facts.
Section 10. ADiscipline@ shall be defined as any action taken by the employer to correct or improve employee performance or behavior which results in any documentation placed in an employee=s files, including, but not limited to, oral warnings or counselings which are memorialized in writing, written warnings or counselings, reprimands, disciplinary probations, demotions, suspensions and terminations. It shall not be necessary to conduct a pre-disciplinary meeting prior to the consideration or issuance of discipline at any level less than reprimand, disciplinary probation, demotion, suspension or termination.
Section 11. Disciplinary actions of disciplinary probation, demotion, suspension or termination may be appealed to step 2 of the alleged acts and/or conduct upon which the charge is based and the nature of the disciplinegrievance procedure.
F. 1Section 12. The name Disciplinary actions of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall a reprimand may be transmitted appealed to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penaltyPersonnel Human Resources Director.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. The terms of this Article shall apply to permanent career service employees and probationary employees disciplined during their working test period1. Unclassified and provisional employees shall only be covered where such is specifically provided.
B. Discipline of an employee Disciplinary action shall be imposed only for just causecause and shall be administered in a timely and progressive manner. Discipline under this Article means official written reprimandThe types of discipline agreed to by the parties are as follows:
(a) Oral warning
(b) Written warning
(c) Suspension
(d) Discharge The Board’s agreement to use discipline in a progressive manner does not prevent the Board, finein any case, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon imposing discipline which is commensurate with the personal conduct or performance severity of the involved employeeoffense.
2. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a A suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) working days after an appeal is filed may be imposed by the Chancellor. Any suspension in excess of a Preliminary Notice of Disciplineten (10) working days must be approved by the Board. The State foregoing notwithstanding, employees may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline be suspended without pay pursuant to paragraph C. abovethe Board rules for egregious behavior as defined in the Board Rules.
3. For written warnings, written the Board shall, upon at least 24 hours notice of such discipline shall be given to the employee. Such notice shall contain a specification of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based employee and the nature of the discipline.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventyUnion, schedule a pre-two (72) hours after such noticedisciplinary meeting. The notice shall specify contain the imposed specific charges upon which the recommendation for discipline is based. At this meeting, the Board shall inform the employee of the reason(s) for the contemplated discipline. The employee and the Union representative shall have the right to rebut or anticipated penaltyclarify the reasons for such discipline.
4. For disciplinary action involving suspension or discharge, the employee shall be notified in writing at least five (5) working days prior to a hearing conducted by the Chancellor or Chancellor’s designee. The notice shall contain the specific charges upon which the recommendation for discipline is based. The employee shall have the right to be represented by the Union or counsel of choice, and present evidence in his/her defense. No suspension or discharge involving the loss of pay or benefits shall take place prior to action of the Chancellor or Board except for egregious behavior as defined in the Board Rules. Chancellor - level hearings will be specified as such in writing to the affected employee.
5. A copy of disciplinary action, except oral warnings, shall be served upon the employee and the Union. Employees who exercise their rights under this Section M shall not be entitled to a separate disciplinary hearing under City College Board rules.
6. If an employee is called to conference with an administrator for other purposes and during the course of the meeting, in the opinion of the employee, it develops into a disciplinary meeting, the conference shall be adjourned and re- scheduled to allow for Union representation.
7. Adoption of this Section M shall not diminish any rights the Board or Union has established as a result of prior arbitrations or court cases.
8. An employee, who is placed on unpaid leave for egregious behavior, as defined in the Board Rules, shall remain on unpaid status throughout the disciplinary and grievance process. This section is not intended to prevent employees from being made whole as a result of a grievance resolution.
9. Any employee recommended to the Chancellor for dismissal for cause shall not be terminated until the employee has exhausted Step 2 of the grievance procedure. The reason(s) and/or cause(s) for this recommendation shall be stated in writing to the employee, with a copy to the Chancellor.
10. Upon the employee’s written request, all records pertaining to disciplinary actions shall be removed from the personnel files of employees after 18 months, provided that the employee has received no additional discipline for a similar offense.
11. Newly established rules or amendments to existing work rules shall be reduced to writing and furnished to the Union fifteen (15) work days prior to the effective date of the rule(s).
12. For the purposes of determining absenteeism, the following absences shall not be used as the basis for discipline under Board policies or work rules,
a. Bereavement leave,
b. injury or illness, for which Workers’ Compensation benefits are received,
c. injury or illness for which an employee is hospitalized or is receiving continual outpatient treatment directly related to the hospitalized injury or illness.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. 15.01 The terms Employer will not discipline a non-probationary employee without just cause and will be in accordance with department policy.
15.02 Disciplinary action(s) shall not be considered in future disciplines beyond the time limits set forth below provided there is no intervening discipline: Written Warning 6 months Written Reprimand 9 months Short Suspension 1 Year (Five [5] days or less) Termination Permanent The above time lines are calculated from the date of this Article shall infraction (and apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically provideddiscipline in an employee's current file).
B. Discipline 15.03 Any non-probationary employee who is disciplined, including suspension or discharge, shall be given a written notice of an such disciplinary action, stating the reason(s) for the disciplinary action. The notice shall be distributed to the employee within forty-eight (48) hours of the Employer's decision to discipline the employee. The Union ▇▇▇▇▇▇▇ shall be provided a copy of the notice. No non-probationary employee shall be imposed only for disciplined without just cause. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed .
15.04 Employees whose disciplinary action is to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspensiondischarge shall not have such action implemented until the conclusion of Step 3 of the Grievance Procedure. A record suspension is defined pursuant All grievances relating to N.J.A.C. 4A:1-1.3 disciplinary actions shall commence at Step 3 of the Grievance Procedure. Verbal and 4A:2- 2.4(e). Record Suspensions will have written reprimands may be appealed through Step 4 of the same weight as a suspension without pay for purposes of progressive disciplinegrievance procedure but are not subject to arbitration.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for 15.05 Notwithstanding any other combination provisions of circumstances amounting this Agreement or other Employer personnel policies, all matters relating to just cause.
D. The burden of proof in disciplinary procedures actions affecting a non-probationary employee shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide subject solely to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of DisciplineGrievance Procedure herein contained. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline No disciplinary actions shall be given appealable to the employee. Such notice shall contain a specification any Civil Service Commission or State Personnel Board of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the disciplineReview.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penalty.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. 1. Disciplinary action shall be for just cause and shall be administered in a timely and progressive manner. The terms types of this Article shall apply discipline agreed to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such by the parties are as follows:
(a) Oral warning
(b) Written warning
(c) Suspension
(d) Discharge The Board’s agreement to use discipline in a progressive manner does not prevent the Board, in any case, from imposing discipline which is specifically providedcommensurate with the severity of the offense.
B. Discipline 2. A suspension without pay of an up to ten (10) working days may be imposed by the Chancellor. Any suspension in excess of ten (10) working days must be approved by the Board. The foregoing notwithstanding, employees may be suspended without pay pursuant to the Board rules for egregious behavior as defined in the Board Rules.
3. The written warning shall inform the employee of the reason(s) for the discipline. Within two weeks of receiving a written warning, the employee may request, in writing, a meeting with the employee’s supervisor to discuss the written warning. The employee may elect to have the employee’s Union Representative in attendance at such meeting. The employee’s supervisor may elect to have a representative from human resources in attendance at such meeting. Notwithstanding the foregoing, in no event shall the meeting to discuss the written warning, or the lack thereof, delay any additional discipline which may be issued by the Board.
4. For disciplinary action involving suspension or discharge, the employee shall be imposed only notified in writing at least five (5) working days prior to a hearing conducted by the Chancellor or Chancellor’s designee. The notice shall contain the specific charges upon which the recommendation for just causediscipline is based. Discipline The employee shall have the right to be represented by the Union or counsel of choice, and present evidence in his/her defense. No suspension or discharge involving the loss of pay or benefits shall take place prior to action of the Chancellor or Board except for egregious behavior as defined in the Board Rules. Chancellor - level hearings will be specified as such in writing to the affected employee.
5. A copy of disciplinary action, except oral warnings, shall be served upon the employee and the Union. Employees who exercise their rights under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State Section M shall not be construed entitled to a separate disciplinary hearing under City College Board rules.
6. If an employee is called to conference with an administrator for other purposes and during the course of the meeting, in the opinion of the employee, it develops into a disciplinary meeting, the conference shall be disciplineadjourned and re-scheduled to allow for Union representation.
7. Suspensions may take Adoption of this Section M shall not diminish any rights the form Board or Union has established as a result of prior arbitrations or court cases.
8. An employee, who is placed on unpaid leave for egregious behavior, as defined in the Board Rules, shall remain on unpaid status throughout the disciplinary and grievance process. This section is not intended to prevent employees from being made whole as a result of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive disciplinegrievance resolution.
C. Just 9. Any employee recommended to the Chancellor for dismissal for cause shall not be terminated until the employee has exhausted Step 2 of the grievance procedure. The reason(s) and/or cause(s) for discipline up this recommendation shall be stated in writing to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up the employee, with a copy to and including dismissal from service may be made for any other combination of circumstances amounting to just causethe Chancellor.
D. The burden of proof in 10. Upon the employee’s written request, all records pertaining to disciplinary procedures actions shall be upon removed from the Statepersonnel files of employees after 18 months, except as otherwise providedprovided that the employee has received no additional discipline for a similar offense.
11. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must Newly established rules or amendments to existing work rules shall be sufficient non- hearsay evidence in the record reduced to establish the facts upon which management relies in meeting its burden. Management shall provide writing and furnished to the Union all evidence it fifteen (15) work days prior to the effective date of the rule(s).
12. For the purposes of determining absenteeism, the following absences shall not be used as the basis for discipline under Board policies or work rules,
(a) Bereavement leave,
(b) injury or illness, for which Workers’ Compensation benefits are received,
(c) injury or illness for which an employee is hospitalized or is receiving continual outpatient treatment directly related to the hospitalized injury or illness.
N. New Job Requirements If the Board requires an employee to meet new job requirements, so as to continue in the position in which the employee is then working, the Board will present advise the employee in a departmental hearingadvance concerning such requirements and, to the extent knownfeasible, no later than ten (10) days after an appeal is filed of give the employee a Preliminary Notice of Disciplinereasonable time to comply with them. The State may supplement its initial production of documents.
E. Where an appointing authority Whether or his designee imposes or intends not to impose discipline pursuant to paragraph C. abovereimburse the employee for additional training, written notice of such discipline if any, shall be given decided by the Board within its sole discretion. If the affected employee does not possess the required skills or knowledge to perform the employee. Such notice shall contain a specification of required work in her new position, the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the disciplineBoard agrees to provide reasonable training.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penalty.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. Section 1. An employee may be placed on disciplinary probation not to exceed ninety (90) calendar days. The terms of this Article shall apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only disciplinary probation provided herein, may be covered where such is specifically providedgiven in conjunction with any other disciplinary action for the incident which resulted in disciplinary probation.
B. Discipline Section 2. Upon written request from an employee, the City shall remove from an employee's Personnel and employing department's files, any and all disciplinary actions, except suspension and dismissal, more than one
(1) year old.
Section 3. Upon being informed that an employee has been accused of behavior which, if substantiated, would be cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, they shall give written notice of the dismissal and, if after investigation, the Department Head determines that the accusation cannot be substantiated or does not constitute cause for dismissal, the employee shall be imposed only reinstated and awarded back pay for just cause. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance any portion of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall suspension time not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight imposed as a suspension without pay for purposes of progressive disciplinedisciplinary action.
C. Just cause for discipline up Section 4. At least three (3) working days prior to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2any pre-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures meeting, the employee shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to the employee. Such notice shall contain a specification which sets forth an explanation of the nature of the chargeallegations against the employee and a detailed explanation of the evidence in the possession of the City supporting such allegations. The employee shall have the right to the presence of an attorney or union representative at the pre-disciplinary meeting. The City shall not discipline an employee without just cause, and shall recognize and employ progressive discipline when possible. When imposing progressive discipline, the nature and severity of the infraction shall be considered along with the history of discipline and performance contained in the employee=s personnel file. If management decides to impose disciplinary action following a pre- disciplinary meeting, notice of such disciplinary action shall be issued to the employee and his/her representative within seven (7) working days of the pre-disciplinary meeting except by mutual agreement.
Section 5. If no disciplinary action is taken after an investigative suspension, the City shall remove all documentation related thereto from the employee=s personnel file.
Section 6. Any disciplinary action must be initiated within one (1) year after the City becomes aware of the incident providing the basis for the disciplinary action.
Section 7. In preparation for a pre-disciplinary meeting, an employee shall have the right to access his or her work computer and city email account to retrieve any information necessary to his or her defense.
Section 8. When an employee has been disciplined or faces possible disciplinary action at a level greater than a reprimand, a general description designated Union officer or ▇▇▇▇▇▇▇ shall be allowed to review such employee=s personnel file upon written request to the Human Resources Director (or his designated representative) and the provision of written authorization from the employee requesting the file review.
Section 9. An employee shall not be subject to multiple levels of discipline for the same act or offense arising from the same facts.
Section 10. ADiscipline@ shall be defined as any action taken by the employer to correct or improve employee performance or behavior which results in any documentation placed in an employee=s files, including, but not limited to, oral warnings or counselings which are memorialized in writing, written warnings or counselings, reprimands, disciplinary probations, demotions, suspensions and terminations. It shall not be necessary to conduct a pre-disciplinary meeting prior to the consideration or issuance of discipline at any level less than reprimand, disciplinary probation, demotion, suspension or termination.
Section 11. Disciplinary actions of disciplinary probation, demotion, suspension or termination may be appealed to step 2 of the alleged acts and/or conduct upon which the charge is based and the nature of the disciplinegrievance procedure.
F. 1Section 12. The name Disciplinary actions of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall a reprimand may be transmitted appealed to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penaltyHuman Resources Director.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. The terms SECTION 1. Discipline means corrective measures intended to maintain the efficiency of this Article shall apply to permanent career the service employees and probationary employees disciplined during their working test periodencourage employee conduct and performance compatible with the appropriate and lawful goals, practices, policies, and procedures of the NWS. Unclassified and provisional employees shall only be covered where such is specifically provided.
B. Discipline of an employee Disciplinary actions shall be imposed only taken for just cause. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. A. The burden parties are in agreement that the maintenance of proof in disciplinary procedures shall be upon discipline is essential to the State, except as otherwise provided. At the beginning satisfactory conduct of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Disciplinepublic's business. The State may supplement its initial production objective of documentsdiscipline is to correct and improve employee behavior so as to promote the efficiency of the service.
E. Where 1. Reasonable efforts will be made to explore with an appointing authority or his designee imposes or intends employee the source of any conduct deficiency and management will suggest ways to impose discipline pursuant to paragraph C. above, written notice overcome such deficiency. Non-disciplinary/non-investigatory counseling of such discipline shall be given to an employee is a private matter between the supervisor and the employee. Such notice counseling is a friendly, businesslike exchange of information between an employee and his/her supervisor. It has the specific purpose of improving the employee's conduct or knowledge of a subject related to his/her employment. The employee has no right to a representative during such counseling meetings.
2. However, if an employee reasonably believes that an examination by a representative of Management in connection with an investigation may result in disciplinary action against him/her and the employee requests representation, the NWSEO shall contain be given the opportunity to represent the employee. Employees will be notified of this provision annually. Normally, no meeting shall be delayed more than one day, except in emergency situations involving a specification threat to life or property.
SECTION 3. When appropriate, discipline will be preceded by counseling and assistance including warnings, which are informal in nature and are not placed in an employee's Official Personnel Folder (OPF).
SECTION 4. Disciplinary actions are of two (2) types - major and minor. A suspension means the nature placing of the chargean employee, for disciplinary reasons, in a general description non-duty status without pay.
A. Minor Disciplinary Actions shall consist of written reprimands and suspensions of fourteen (14) calendar days or less.
B. Major Disciplinary Actions or Major Adverse Actions shall consist of suspensions for more than fourteen (14) days, removal, reduction in grade, or pay.
A. Disciplinary actions will be proposed after:
1. Management becomes aware of the alleged acts and/or conduct upon infraction;
2. Management receives an investigative report from an investigating authority; or,
3. there has been a final disposition of a criminal prosecution. This does not preclude Management from proposing an action before the receipt of any investigative report or before the final disposition of a criminal prosecution if Management deems it appropriate to do so.
B. Unit employees will be given advance written notice, in accordance with law, of any proposed major disciplinary or adverse action, stating the specific reasons for the proposed action. Unit employees will be given fifteen (15) calendar days written notice of any proposed minor disciplinary action, stating the specific reasons for the proposed action. There is no requirement for a written or verbal notice of a proposed reprimand.
C. In all disciplinary actions or adverse actions, Management shall inform the employee of his/her right to review the material which is used to support the charge is based and reasons for action given in this notice.
D. Management shall give the nature employee or his/her designated Union representative copies of the disciplinematerial used to support its proposal if requested. The employee shall have fifteen (15) calendar days to reply to any proposed discipline or adverse action. Management may consider a request for additional time within the above time frames in order to respond. The NWS shall give the employee a reasonable amount of official time to review the material used to support its proposal and to prepare an answer, if he/she is otherwise in a duty status.
F. 1E. The notice of final decision shall inform the employee of the reasons or charges in the proposed notice which have been sustained and which reasons or charges have not been sustained. The name final decision will notify the employee of any statutory appeal rights to which he/she may be entitled and shall also notify the employee who that he/she may elect to grieve the discipline under the NGP. This final decision shall also notify the employee of the time limits within which he/she may appeal or grieve this action. If the employee has designated a representative, the representative will be served with a copy of the final decision simultaneously.
SECTION 6. If, after receiving a letter proposing suspension, removal, or a demotion for cause, a bargaining unit employee wishes to raise the allegation that he/she is notified suffering from alcohol or drug addiction, and by raising that allegation intends that Management should consider the allegation of suspension substance abuse before making any final decision, the employee must, at the time of the reply, support the allegation with evidence that:
A. the employee is, in fact, addicted;
B. the misconduct or dismissal pursuant poor performance was caused by the addiction; and
C. the employee is currently seeking appropriate treatment for the addiction(s). Reasonable extension of time to paragraph E. above shall obtain medical documentation will be transmitted to liberally granted.
SECTION 7. Letters of reprimand are temporary contents of the Union as soon as is feasible and Official Personnel Folder. An employee may request, in writing, that any such document be removed after one year. Management may remove the reprimand at any time, if the employee's record indicates no intervening disciplinary actions, but not to exceed seventy-two later than after three (723) hours after such notice. The notice shall specify the imposed or anticipated penaltyyears.
Appears in 1 contract
Discipline. A. Section 1. The terms of this Article University shall apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically provided.
B. Discipline of an employee shall be imposed only for just cause. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay right to discharge, suspend or discipline any Employee for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden Section 2. Except for Employees terminated under Article VI (Probationary Employees), the University will notify the Union in writing of proof any discharge or suspension within two (2) working days from the time of discharge or suspension. If the Union desires to contest the discharge or suspension, it shall give written notice thereof to the University within the time limits specified in disciplinary procedures Step 2 of the Grievance Procedure. In such an event, the dispute shall be upon submitted and determined under the Stategrievance and arbitration procedure hereinafter set forth, except as otherwise provided. At the beginning however commencing at Step 3 of the hearinggrievance procedure.
Section 3. All time limits herein specified shall be deemed exclusive of Saturdays, Sundays and holidays designated as legal holidays in Article XII (Holidays).
Section 4. When an Employee is ordered to leave his/her work for disciplinary reasons, his/her ▇▇▇▇▇▇▇ shall be notified by the University, and, without loss of pay, will normally be afforded the opportunity to consult with the Employee for a reasonable period of time at a place provided by the University before the Employee leaves the premises.
Section 5. Disciplinary warning letters shall be removed from an Employee’s personnel file if no similar infraction occurs in the twelve (12) months following the warning.
Section 6. An Employee has the right, upon request, to have a Union ▇▇▇▇▇▇▇ present at any meeting that may involve a disciplinary action against the Employee, unless the meeting is for the sole purpose of notifying the Employee of a disciplinary action.
Section 7. An Employee may request that the record of a disciplinary suspension be removed from his/her personnel record after two (2) years following the suspension. Such a request shall be made to Labor Relations and will be handled by its staff. Only disciplinary suspensions that are two (2) years or older will be considered for removal through this process. The Employee will be notified of Labor Relations decision. If the request is denied, Labor Relations will give the Employee an explanation of the reason for the denial in writing. If the Employee disagrees with the decision, he/she may appeal to the Manager of Labor Relations. If, after such appeal is completed, the Hearing Officer will state on Employee remains dissatisfied, the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must matter may be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide referred to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten Federal Mediation and Conciliation Service (10FMCS) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documentsfor mediation.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to the employee. Such notice shall contain a specification of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the discipline.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penalty.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. Section 22.1. Where appropriate, discipline in the Fire Department shall be progressive and corrective designed to improve behavior, not merely to punish.
Section 22.2. The terms of this Article shall apply employee may file a written reply to permanent career service any oral reprimand. If the Employer has a reason to reprimand an employee, it should be done in a manner that will not embarrass the employee before other employees and probationary employees disciplined during their working test periodor the public.
Section 22.3. Unclassified and provisional The Employer agrees that employees shall only be covered where such is specifically provided.
B. Discipline of an employee shall be imposed disciplined only for just cause. Discipline under this Article means official A copy of all written reprimand, finereprimands, suspension without pay, record suspensions, reduction in grade and discharge notices shall be provided to the Union.
Section 22.4. Disciplinary grievances involving oral or dismissal from service, based upon written reprimands may be processed through the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State grievance procedure through and including Step 3 but shall not be construed subject to be disciplinearbitration. Suspensions may take However, if the form of Village seeks to use a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause prior written reprimand for the imposition of more severe discipline, except and the written reprimand was originally grieved through and including Step 3, the merits of the prior written reprimand may be raised by the employee in arbitration. Except as provided in otherwise agreed to herein, disciplinary action or termination may be appealed to and be subject to the jurisdiction
Section K, below22.5. There must be sufficient non- hearsay evidence Disciplinary actions recorded in the record employee’s personnel file shall not be used after 3 years for a suspension except those showing a pattern or practice of the same misconduct. Specifically, suspensions will be removed from the employee’s file after 3 years unless there has been the same disciplinary infraction during the three year period: in that case, the original discipline is not removed until the expiration of the subsequent 3 year period, unless the same disciplinary infraction occurred during the subsequent 3 year period. It will be the employee’s responsibility to establish have the facts upon following remove from his/her personnel file:
Section 22.6. Employees shall be entitled to have a Union representative at all meetings with the Employer where the employee reasonably believes that discipline may be imposed. Nothing contained herein shall be deemed a waiver of an employee’s rights under the Firemen’s Disciplinary Act, 50 ILCS 745 et. seq. which management relies is incorporated herein by reference.
Section 22.7. Prior to taking any final disciplinary action which would result in meeting its burden. Management either a suspension or a discharge, the Employer shall provide notify the employee of the contemplated measure of discipline to be imposed and shall permit the employee to respond to the charges either orally or in writing. The employee shall be entitled to Union all evidence it will present in a departmental hearing, representation at any meetings held pursuant to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline subsection and shall be given the opportunity to rebut the employee. Such notice shall contain a specification of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the disciplinecharges.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penalty.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. The terms of this Article shall apply Employees who may be subject to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically provided.
B. Discipline of an employee disciplinary measures shall be imposed only for afforded due process. When possible, progressive discipline consisting of oral reprimand, written reprimand, demotion, suspension, and discharge should be used. When the offense, however, is deemed to be of a serious enough nature, preceding steps may be waived. If the offense is found to be gross misconduct, progressive discipline steps may be waived and the employee may be discharged. If the employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. The Union shall have the right to challenge disciplinary actions either through the grievance process or the administrative appeal process (Education Article Section 4-205) which culminates in a hearing before a Board of Education appointed hearing examiner. If an administrative appeal is requested while a grievance on the same subject is being processed in accordance with the formal grievance procedure, such appeal will be held in abeyance until the grievance has reached Step 5/arbitration of the Master Agreement’s procedures. The employer shall not terminate any regular employee without just cause. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed Any employee found to be disciplineunjustly suspended or terminated shall be reinstated with full compensation for all lost time and with full restoration of all other rights and conditions of employment. Suspensions may take Every effort will be made by the form Board to notify an employee of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in possible disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than action within ten (10) working days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to the employee. Such notice shall contain a specification of the nature of the charge, a general description of the alleged acts and/or conduct upon infraction or the date on which the charge is based and the nature Board could have reasonably been expected to have had knowledge of the discipline.
F. 1alleged infraction or upon completion of an investigation. The name All hearings before the Board of any employee who is notified of suspension or dismissal pursuant to paragraph E. above Education’s hearing officer shall be transmitted to scheduled within 30 days of the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify Board’s receipt of the imposed or anticipated penaltyrequest for a hearing.
Appears in 1 contract
Sources: Master Agreement
Discipline. A. The terms of this Article shall apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically provided.
B. Discipline of an employee No bargaining unit member shall be imposed only disciplined except for just cause. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State Employees shall not be construed discharged or given a disciplinary suspension without first being given an opportunity to attend a conference where the employee may give his/her version of the events at issue. The employee being so disciplined shall, upon request, have a Union representative present, but shall not have the right to be disciplineaccompanied or represented by a private attorney or any other person other than the Union. Such a pre-suspension/discharge conference shall not be required relative to serious offenses requiring immediate action.
B. The University may promulgate and publish work rules regulating the conduct of bargaining unit employees and informing employees of the types of conduct which shall be deemed inappropriate. Newly promulgated or amended work rules shall be sent to the Union President or his/her designee and the parties shall meet to discuss the proposed changes fourteen (14) days prior to the date they take effect, until the time new rules are promulgated, present department rules and the enumerated offenses stated in O.R.C. §124.34 will apply. The grievance procedure shall be available if the rules are unreasonable or are applied in a discriminatory manner.
C. Copies of suspension and discharge actions will be provided to the employee or mailed to the employee's address of record and mailed to the Union President or his/her designee at the time disciplinary action is taken.
D. Disciplinary suspensions shall be for a specified number of days and holidays shall be counted as a day of suspension for this purpose.
E. Suspensions and discharges may take be submitted to the form grievance procedure at Step 3. All other disciplinary actions may be submitted to the grievance procedure at the step at which the discipline was issued.
F. Notices dealing with discipline consisting of a suspension without payor termination shall state the type and amount of discipline imposed, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause reasons for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to the employee. Such notice shall contain a specification of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the discipline.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such noticedisciplinary action taken. The notice shall specify include any contract provision, statute, policy or work rule which the imposed employer considers to have been violated. The Union shall receive a copy of the discipline notice at the time the notice is presented to the employee.
G. Disciplinary action will be removed from the employees personnel file and will cease to have any force or anticipated penaltyeffect in compliance with the following schedule, provided the employee has no intervening discipline while current discipline remains active. If an employee has intervening discipline during the time period that formal discipline remains active, the time of the new discipline shall extend the old discipline with it until the new discipline expires:
1. ▇▇▇▇▇▇ and Written reprimand twelve (12) months.
2. Suspension twenty four (24) months. Under this article the employer shall initiate any discipline within thirty (30) days of knowledge of infraction after it is determined discipline will apply (except where such is not possible)
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. 10-1 Disciplinary action, as used in this article, includes written reprimands and suspensions without pay for up to fifteen (15) days for probationary and permanent employees. This Article shall not limit the District's right to evaluate or orally reprimand and counsel employees. Nor shall anything in Article 9, "Evaluation Procedures," limit the District's right to discipline employees pursuant to this Article.
10-2 The terms District may issue written reprimands and warnings. The employees may submit a response or rebuttal to the written reprimand or warning, a copy of which will be retained in the records, along with the reprimand. Alleged violations by the District of the procedures relating to issuance of reprimands and warnings are subject to the grievance procedures of this Article shall apply Agreement; however, the substance of the reprimand or warning is not subject to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically providedthe grievance procedures.
B. Discipline 10-3 The concept of "progressive discipline" and the prohibition of disparate treatment by an employee shall administrator are to be imposed only for just cause. Discipline under this Article means official generally applicable; where the District imposes suspension without oral or written reprimand, fine, such suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions only for cause.
10-4 The District may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension suspend employees without pay for purposes of progressive discipline.
C. Just cause for discipline up to and fifteen (15) working days, pursuant to the following provisions:
10-4.1 The suspension shall be based upon cause, including dismissal from service shall include those but not limited to, the causes set forth in N.J.A.C. 4A:2-2.3. This list Section 44932 of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just causethe Education Code.
D. 10-4.2 The burden of proof in disciplinary procedures Superintendent or his or her designee shall be upon give written notice to the State, except as otherwise provided. At the beginning employee of the hearingDistrict's intent to suspend the employee. The notice shall include the cause(s) on which the suspension is based, the Hearing Officer will state date(s) on which the record suspension shall take place, a statement that Management the employee has a right to discuss informally the burden proposed suspension with the Superintendent or his or her designee.
10-4.3 The employee shall have two (2) working days, within receipt of proving just cause for the imposition of disciplinenotice, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide respond to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given suspension. If the employee does not respond, the District will schedule the suspension and provide notice thereof to the employee. Such The employee's response to the notice of suspension, if any, shall contain a specification confirm the proposed date and time for the pre-suspension discussion, propose other dates for such discussion, or waive such discussion. The pre-suspension discussion, unless waived, shall take place within five (5) school days from the date of the nature notice.
10-4.4 The pre-suspension discussion shall be informal. The employee shall be given the opportunity to present facts and arguments regarding the proposed suspension.
10-4.5 The Superintendent or his or her designee shall inform the employee of the charge, a general description decision to suspend or not to suspend within three (3) working days from the date of the alleged acts and/or conduct upon which pre-suspension hearing or after two (2) days from the charge is based and the nature date of the disciplinenotice of suspension if the employee did not respond.
F. 110-4.6 The District shall schedule the suspension. The name suspension may be scheduled in one or more blocks of any employee who is notified time.
10-4.7 Disputes as to whether a suspension was based on cause or whether there has been a violation of the procedures set forth herein shall be resolved pursuant to the grievance procedures. A grievance regarding a suspension must be filed on the first day of the suspension or dismissal pursuant to paragraph E. above within fifteen (15) school days thereafter.
10-4.8 In emergency situations requiring immediate suspension, the District may suspend the employee without scheduling a pre-suspension discussion. In such emergency situations, the Superintendent or his or her designee shall be transmitted to schedule an informal discussion with the Union employee and provide the employee with written notice thereof, as soon as is feasible and not to exceed seventy-two (72) hours possible after such notice. The notice shall specify the imposed or anticipated penaltysuspension has begun.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. 10-1 Disciplinary action, as used in this article, includes written reprimands and suspensions without pay for up to fifteen (15) days for probationary and permanent employees. This Article shall not limit the District's right to evaluate or orally reprimand and counsel employees. Nor shall anything in Article 8, "Evaluation Procedures," limit the District's right to discipline employees pursuant to this Article.
10-2 The terms District may issue written reprimands and warnings. The employees may submit a response or rebuttal to the written reprimand or warning, a copy of which will be retained in the records, along with the reprimand. Alleged violations by the District of the procedures relating to issuance of reprimands and warnings are subject to the grievance procedures of this Article shall apply Agreement; however, the substance of the reprimand or warning is not subject to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically providedthe grievance procedures.
B. Discipline 10-3 The concept of "progressive discipline" and the prohibition of disparate treatment by an employee shall administrator are to be imposed only for just cause. Discipline under this Article means official generally applicable; where the District imposes suspension without oral or written reprimand, fine, such suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions only for cause.
10-4 The District may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension suspend employees without pay for purposes of progressive discipline.
C. Just cause for discipline up to and fifteen (15) working days, pursuant to the following provisions:
10-4.1 The suspension shall be based upon cause, including dismissal from service shall include those but not limited to, the causes set forth in N.J.A.C. 4A:2-2.3. This list Section 44932 of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just causethe Education Code.
D. 10-4.2 The burden of proof in disciplinary procedures Superintendent or his or her designee shall be upon give written notice to the State, except as otherwise provided. At the beginning employee of the hearingDistrict's intent to suspend the employee. The notice shall include the cause(s) on which the suspension is based, the Hearing Officer will state date(s) on which the record suspension shall take place, a statement that Management the employee has a right to discuss informally the burden proposed suspension with the Superintendent or his or her designee.
10-4.3 The employee shall have two (2) working days, within receipt of proving just cause for the imposition of disciplinenotice, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide respond to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given suspension. If the employee does not respond, the District will schedule the suspension and provide notice thereof to the employee. Such The employee's response to the notice of suspension, if any, shall contain a specification confirm the proposed date and time for the pre-suspension discussion, propose other dates for such discussion, or waive such discussion. The pre-suspension discussion, unless waived, shall take place within five (5) school days from the date of the nature notice.
10-4.4 The pre-suspension discussion shall be informal. The employee shall be given the opportunity to present facts and arguments regarding the proposed suspension.
10-4.5 The Superintendent or his or her designee shall inform the employee of the charge, a general description decision to suspend or not to suspend within three (3) working days from the date of the alleged acts and/or conduct upon which pre-suspension hearing or after two (2) days from the charge is based and the nature date of the disciplinenotice of suspension if the employee did not respond.
F. 110-4.6 The District shall schedule the suspension. The name suspension may be scheduled in one or more blocks of any employee who is notified time.
10-4.7 Disputes as to whether a suspension was based on cause or whether there has been a violation of the procedures set forth herein shall be resolved pursuant to the grievance procedures. A grievance regarding a suspension must be filed on the first day of the suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penalty.within fifteen
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. Section 1. An employee may be placed on disciplinary probation not to exceed ninety (90) calendar days. The terms of this Article shall apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only disciplinary probation provided herein, may be covered where such is specifically providedgiven in conjunction with any other disciplinary action for the incident which resulted in disciplinary probation.
B. Discipline Section 2. Upon written request from an employee, the City shall remove from an employee's Personnel and employing department's files, any and all disciplinary actions, except suspension and dismissal, more than one
(1) year old.
Section 3. Upon being informed that an employee has been accused of behavior which, if substantiated, would be cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, they shall give written notice of the dismissal and, if after investigation, the Department Head determines that the accusation cannot be substantiated or does not constitute cause for dismissal, the employee shall be imposed only reinstated and awarded back pay for just cause. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance any portion of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall suspension time not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight imposed as a suspension without pay for purposes of progressive disciplinedisciplinary action.
C. Just cause for discipline up Section 4. At least three (3) working days prior to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2any pre-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures meeting, the employee shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to the employee. Such notice shall contain a specification which sets forth an explanation of the nature of the chargeallegations against the employee and a detailed explanation of the evidence in the possession of the City supporting such allegations. The employee shall have the right to the presence of an attorney or union representative at the pre-disciplinary meeting. The City shall not discipline an employee without just cause, and shall recognize and employ progressive discipline when possible. When imposing progressive discipline, the nature and severity of the infraction shall be considered along with the history of discipline and performance contained in the employee=s personnel file. If management decides to impose disciplinary action following a pre- disciplinary meeting, notice of such disciplinary action shall be issued to the employee and his/her representative within seven (7) working days of the pre-disciplinary meeting except by mutual agreement.
Section 5. If no disciplinary action is taken after an investigative suspension, the City shall remove all documentation related thereto from the employee=s personnel file.
Section 6. Any disciplinary action must be initiated within one (1) year after the City becomes aware of the incident providing the basis for the disciplinary action.
Section 7. In preparation for a pre-disciplinary meeting, an employee shall have the right to access his or her work computer and city email account to retrieve any information necessary to his or her defense.
Section 8. When an employee has been disciplined or faces possible disciplinary action at a level greater than a reprimand, a general description designated Union officer or ▇▇▇▇▇▇▇ shall be allowed to review such employee=s personnel file upon written request to the Personnel Director (or his designated representative) and the provision of written authorization from the employee requesting the file review.
Section 9. An employee shall not be subject to multiple levels of discipline for the same act or offense arising from the same facts.
Section 10. ADiscipline@ shall be defined as any action taken by the employer to punishcorrect or improve employee performance or behavior which results in any documentation placed in an employee=s files, including, but not limited to, oral warnings or counselings which are memorialized in writing, written warnings or counselings, reprimands, disciplinary probations, demotions, suspensions and terminations. It shall not be necessary to conduct a pre-disciplinary meeting prior to the consideration or issuance of discipline at any level less than reprimand, disciplinary probation, demotion, suspension or termination.
Section 11. Disciplinary actions of disciplinary probation, demotion, suspension or termination may be appealed to step 2 of the alleged acts and/or conduct upon which the charge is based and the nature of the disciplinegrievance procedure.
F. 1Section 12. The name Disciplinary actions of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall a reprimand may be transmitted appealed to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penaltyPersonnel Director.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. The terms of this Article shall apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically provided.
B. Discipline of an No employee shall be imposed only for disciplined without just cause. Discipline under this Article means official written reprimandNotwithstanding, finethe foregoing, suspension without pay, record suspensions, reduction new employees in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service an initial probationary period may be made for any other combination of circumstances amounting to dismissed without GVA establishing just cause.
D. The burden of proof in disciplinary procedures B. Disciplinary action shall be upon limited to the Statefollowing: verbal warnings, except as otherwise providedwritten warnings, written reprimand, suspensions and discharge. At The principles of progressive discipline shall be followed. The only exception is that any employee that is found to have caused abuse, neglect or exploitation to a client/resident or co-worker may be subject to immediate dismissal.
C. Every disciplinary action will be discussed with the beginning employee and a record of the hearingdiscipline will be made a part of the employee's personnel file. In cases of a suspension or a discharge from employment, prior to meeting with the employee GVA shall notify the employee in writing of the conduct for which disciplinary action is being imposed and of the disciplinary action to be taken. Such written notification shall be 48 hours in advance of the disciplinary meeting, unless the employee agrees to waive the 48 hours of notice.
D. At such meeting, the Hearing Officer will state on employee shall have the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record opportunity to establish the facts upon which management relies in meeting its burden. Management shall provide respond to the Union all evidence it will present in a departmental hearing, conduct of which they were deemed to have committed and to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Disciplinedisciplinary action to be taken. The State may supplement its initial production of documentsemployee will be entitled to have union representation present during the meeting if they request union representation to the union.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline The employer shall be given to responsible for removing records of warnings and preventable accident reports shall be removed from personnel files after two (2) years from the employee. Such notice shall contain a specification date of the nature of occurrence provided that the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the disciplineemployee has had no further disciplinary action since that date.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above employer shall be transmitted responsible for removing records of suspensions, which shall be removed from personnel files after five (5) years from the date of the occurrence provided that the employee has had no further disciplinary action since that date. However, records of disciplinary suspensions resulting from consumer abuse, neglect, exploitation or mistreatment shall not be removed from the personnel file. GVA may use non-disciplinary written counselings at its sole discretion to address issues that GVA feels do not rise to a level requiring discipline but still require attention. Upon the Union as soon as is feasible and not to exceed seventy-two request of the employee, records of counselings shall be removed from the personnel file after one (721) hours after such notice. The notice shall specify year from the imposed or anticipated penaltydate of the occurrence provided that the employee has had no related disciplinary action since that date.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. The terms Section 1 Discipline shall be imposed upon employees otherwise subject to the provisions of Section 75 and 76 of the Civil Service law only pursuant to this Article Article, and the procedure and remedies herein provided shall apply in lieu of the procedure and remedies prescribed by such sections of the Civil Service Law which shall not apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically providedemployees.
B. Section 2 Discipline of an employee shall be imposed only for just cause. Discipline under this Article means official reprimand, fine, suspension, loss or curtailment of benefit(s), demotion or dismissal. Demotion or dismissal, based upon a lay-off or other operational judgment of the District, shall not be construed to be discipline.
Section 3 Where the District imposes, or intends to impose discipline, it shall advise the employee of his/her right to have a union representative, as witness or as an advisor, during any meeting, or interrogation concerning the same.
Section 4 The employee and/or Union may request, and receive a copy of any recordings of a disciplinary meeting or charges made against the employee.
Section 5 Where the appointing authority or its designee seeks the imposition of a loss of leave credits or other privilege, written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition form of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to made in writing and served, in person or by registered or certified mail, upon the employeeemployee at his/her last known address. Such The conduct for which discipline is being imposed and the penalty proposed shall be specified in the notice. The notice served on the employee shall contain a specification of the nature of the charge, a general description of the alleged acts and/or and conduct upon which the charge is based including reference to dates, times, and the nature places. The employee shall be provided with two copies of the disciplinenotice, which shall include the statement, "You are provided two copies in order that one may be given to your representative".
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above Section 6 Disciplinary procedures shall be transmitted subject to the grievance procedure set forth in ARTICLE 26 of this agreement.
Section 7 If the discipline of the employer seeks to impose is a dismissal from service, and if the Union as soon as is feasible and not opts to exceed seventy-two (72) hours after proceed with the filing of a grievance, such notice. The notice shall specify the imposed or anticipated penaltygrievance may be filed at Step 3, immediately.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. Section 1. The terms right to discipline, suspend or discharge employees remains at the sole discretion of this Article the Township. Discipline, suspension or discharge must be by proper written notice to the employee and the Union, and the Township shall apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically providedcite specific charges against the employee.
B. Section 2. The disciplined, suspended or discharged employee will be allowed to discuss his/her discipline, suspension or discharge with his/her representatives and the Township will make available an area where he/she may do so before he/she is required to leave the property of the Township. The Union or the employee may request the Township or its designated representative to discuss the discipline, suspension or discharge. \
Section 3. The intent and purpose of the following is to provide for progressive disciplinary action, except in cases of a major infraction. Discipline of is intended to be corrective and not necessarily punitive. Disciplinary action may be imposed upon an employee shall be imposed only for just cause. Discipline under failure to fulfill the employee's job responsibilities or for improper conduct while on the job, except that nothing in this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal section shall prevent management from service, based upon taking immediate and appropriate disciplinary action when required by the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive disciplinecircumstances.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3Section 4. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for The Employer agrees that upon imposing any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition form of discipline, except as provided the designated area ▇▇▇▇▇▇▇ or Union Representative shall be promptly notified in Section Kwriting of the action taken. The employee shall. be furnished a copy of any new entry prior to its introduction into the file. A notation of oral reprimand by date and subject only, belowmay be placed in the employee's personnel file. There must shall be sufficient non- hearsay evidence in one (1) official departmental file. For purpose of this section, no other file or records shall be considered or used.
Section 5. ~ The ▇▇▇▇▇▇▇ or another representative of the record Union shall be present at the time disciplinary action is imposed. It is the Employer's intent to establish impose discipline not less than the facts sixth (6th) CHARTER TOWNSHIP OF FLINT and CHARTER V-1 OF LOCAL 1918 COUNCIL #25, A.F.S.C. & M.E., AFL-CIO hour of the Employee's work day. The Union shall represent the employee at all levels of disciplinary proceedings. All disciplinary actions shall be subject to the grievance procedure. It it is the intent of both parties, the Union and the Township, to exhaust the grievance procedure prior to seeking other legal remedies as may be available upon which management relies in the employee's election. Oral or written reprimands are not subject to arbitration.
Section 6. Before any employee is required to make any written statement or written reply pertaining to any alleged misconduct on his/her part, the matter shall first be discussed between the employee, the Union Representative and the Supervisor. The employee will have twenty-four (24) hours after the meeting its burden. Management shall provide to make a written statement, with a copy to the Union all evidence Representative, if the employee so desires.
Section 7. Should it will present in a departmental hearingbe necessary to reprimand any employee, the reprimand should be given so as not to cause embarrassment to the extent known, no later than ten (10) days after an appeal is filed employee in front of a Preliminary Notice of Disciplineother employees or the public.
Section 8. The State Employer may supplement its initial production modify a disciplinary actio'n but the severity of documentsthe disciplinary action may not be increased, but may be lessened.
E. Where an appointing authority Section 9. No employee of this bargaining unit will be subject to disciplinary action for appearing before a State or his designee imposes or intends Federal Grand Jury at which the employee presented testimony under oath and have been sworn to impose secrecy ..
Section 10. No employee of this bargaining unit will be subject to disciplinary action for taking part in political activity when not on duty.
Section 11. In imposing discipline pursuant to paragraph C. aboveregarding a current infraction, written notice of such the Township may not take into account discipline shall be given which occurred more than eighteen (18) months prior to the employeecurrent infraction, 'nor shall disciplinary action older than eighteen (18) months be considered during the grievance procedure. Such notice shall contain a specification of the nature of the chargeCHARTER TOWNSHIP OF FLINT and CHARTER V':1 OF LOCAL 1918 COUNCIL #25, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the discipline.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventyA.F.S.C. & M.E., AFL-two (72) hours after such notice. The notice shall specify the imposed or anticipated penalty.CIO
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. The terms of this Article shall apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically provided.
B. Discipline of an employee shall be imposed only for just cause. The terms of this Article shall not apply to provisional employees or employees serving their working test period or unclassified employees except as specified in paragraph K.1. and paragraph L. below.
B. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of changes made by the State shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. aboveC, written notice of such discipline shall be given to the employee. Such notice shall contain a reasonable specification of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the discipline. Suspensions will not be implemented before the expiration of a period of seventy-two (72) hours from the beginning of the work shift during which the notice of suspension was given except in cases where, in the judgment of management, the suspension is directed at an immediate need to maintain safety, order or effective direction of work assignments.
F. 1▇. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted paragraph
F. Any appeal relating to the Union as soon as is feasible and not involved disciplinary matter must be filed by the employee within fifteen (15) calendar days of notice of discipline to exceed seventy-two (72) hours after such noticethe employee involved. The notice Department or Agency Head, or his designee, will convene a hearing within twenty (20) calendar days after receipt of such disciplinary appeal. The Department or Agency Head, or his designee, shall specify render a written decision within twenty (20) calendar days from the imposed date of such hearing. The employee may be represented at such hearing by an Association representative in the same work unit and/or legal counsel. The circumstances surrounding a discipline case may suggest that the Association president or anticipated penalty.a member of the Union's Executive Board has a particular need to assist in the
G. 1. In the event the appeal has not been satisfactorily settled or otherwise resolved and involves the following contemplated or implemented penalties:
a. Suspension of more than five (5) days at one time;
b. Suspensions or fines more than three (3) or for an aggregate of more than fifteen
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. The terms "Board" or the "Board's agent" shall not discipline any employee without legitimate reason(s). In all cases involving the discharge or suspension of this Article shall apply to permanent career service employees an employee, the "Board agent" must notify the employee in writing within five (5) working days of his/her discharge or suspension and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically providedthe reason therefor.
B. Discipline When an employee(s) has committed an infraction of an employee work rules, administrative or Board of Directors' policy(ies) shall be imposed only for just causeused. Discipline under this Article means official written reprimandFor the first infraction(s), fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon a verbal reprimand (s) shall be documented to the personal conduct or performance employee's personnel file. A copy of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline reprimand shall be given to the employee. Such notice For the second infraction(s), a written reprimand shall contain be issued to the employee and a specification copy of the nature reprimand shall be filed in the employee's personnel file. For a third infraction (s), the employee may be suspended up to five (5) working days depending on the severity of the chargeinfraction. The fourth infraction may result in discharge. Serious infractions including, a general description but not limited to, insubordination, inappropriate behavior with students, reporting to work under the influence of alcohol or narcotics or the illegal possession or use of the alleged acts same while on duty or dishonesty in any dealings with or for the employer, recklessness in the operation of a vehicle and/or conduct upon which serious accident, failure to report a known accident or carrying of unauthorized passengers or any criminal act, may not require progressive discipline prior to suspension and/or discharge. Progressive discipline up to and including the charge second step may not be grieved beyond the Superintendent's level. Employee(s) may file written refutation to any discipline. No employee shall be discharged without just cause and prior approval of the Superintendent.
C. An employee may have an Association representative present during any disciplinary meeting with the Board and/or Superintendent.
D. An employee who is based discharged or suspended shall be given written notice, either in person or by certified mail, return receipt requested, to the employee's last known address according to Board records, of the discharge or suspension and the nature of the disciplinereason(s) therefor.
F. 1. The name E. A grievance regarding the discharge of suspension without pay of any employee who is notified may be initiated at Level 2 of suspension or dismissal pursuant the grievance procedure as set forth in Article Il, Section C.
F. The Board agrees to paragraph E. above notify each employee in the bargaining unit and the Association annually in writing of any and all existing work rules. New employees shall be transmitted provided with a copy of the work rules and a copy of this Agreement at the time of hire.
G. Whenever an employee is required to appear before the Union as soon as is feasible and not to exceed seventy-two (72Board in a formal disciplinary hearing, the employee shall be given prior written notice of the reason(s) hours after such notice. The notice shall specify for the imposed or anticipated penaltyhearing.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. Section 1. The terms City shall not discipline any regular employee without reasonable cause. The Employer will generally follow progressive disciplinary action including oral reprimand, written reprimand, suspension and removal from service. Disciplinary action may be imposed upon any employee for failure to fulfill the employee’s job responsibilities or for conduct deemed, after review, to be improper. In keeping with progressive discipline, with just cause, an employee may be removed from service, suspended without pay or discharged for violating the Department’s policy, rules and procedures. Notwithstanding the above, the City reserves the right to discipline at any level for a first offense where appropriate, including suspension or discharge. Additionally, the parties recognize that the concept of this Article shall apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically providedprogressive discipline does not require starting a new progression of discipline based on each unique offense, meaning an employee may receive a harsher discipline for additional offenses regardless of the relationship between the character of the offenses.
B. Discipline (a) Insubordination, which shall be deemed to mean a willful refusal to obey a reasonable work order of his/her immediate supervisor, may be punished on the first offense by a one (1) day suspension on the second offense by a three (3) day suspension, and on the third offense by a five (5) day suspension and possible discharge. The warning notice, as herein provided, shall not remain in effect for a period of more than twenty-four (24) months from the date of said warning notice.
(b) Any employee late three (3) times or having an unauthorized absence in a six (6) month period may be subject to discipline. An unauthorized absence will occur when an employee shall 1) is absent from work with no leave time available and has not been granted permission from the employee’s supervisor for the absence or 2) does not notify the department head or representative of his/her absence within one- half (1/2) hour or as soon as possible before his/her respective shift starting time that he/she will not be imposed only present for work. In addition to the specific guidelines above, employees will be subject to discipline for general abuse of sick leave consistent with just cause. Discipline under this Article means official written reprimandThis includes an established pattern of misuse, finepoor attendance, suspension without pay, record suspensions, reduction excessive use or improper use of sick leave. penalties:
(a) Has willfully violated any of the provisions of the City Charter or of the rules of the City or department of the City made in grade pursuance thereof;
(b) Is incompetent or dismissal from service, based upon ineffective in the personal conduct or performance of the involved duties of his/her position;
(c) Using profanity or conduct deemed offensive or undesirable toward his/her fellow employees, City officials, or the public;
(d) Has been convicted of a felony or a misdemeanor involving moral turpitude;
(e) Has been guilty of scandalous and disgraceful conduct while on duty where such conduct tends to bring the City service into public disrepute;
(f) Possession of intoxicating beverages on the job;
(g) Has violated any lawful and reasonable official regulation or order, or failed to obey a lawful and reasonable direction made and given to him/her by his/her superior officer when such violation or failure to obey amounts to insubordination or serious breach of discipline which may negligently affect the efficiency or safety of the employee. Dismissal from service or reduction in grade based upon a layoff ’s operation;
(h) An employee shall not take any fee, gift, or other operational judgment of the State shall not valuable thing from any individual, whether he/she be construed to be discipline. Suspensions may take the form of a suspension without paycitizen, record suspensionvendor, or a combination person who wishes to do work for the City or in the City associated with the employee’s faithful performance of his/her duties and responsibilities;
(i) An employee may not perform work which is in conflict with his/her duties and responsibilities associated with his/her employment in the City;
(j) Has been induced or has attempted to induce any officer or employee in the City service to commit an illegal act or to act in violation of any lawful and reasonable departmental or official regulation or order or has participatedtherein;
(k) Has been absent without leave;
(l) Stealing, dishonesty, or dishonest action, including taking, destroying, damaging, or concealment of any property of the City or other employees; theft from or pilfering, opening lockers, tool boxes, or other property of the City or other employees; making false statements to secure employment or excused absence or to justify an absence or tardiness; making or causing to be made inaccurate or false statements to influence any official action by the City, or making a suspension without pay false statement concerning any matter pertaining to work or a record suspensionemployment;
(m) Failure to account for or the misappropriation of City funds;
(n) Punching in or out or tampering with another employee’s time card;
(o) The unlawful possession of controlled substances and/or selling of unlawful substances;
(p) Unauthorized use of City vehicles or property;
(q) Sleeping while on duty. A record suspension is defined pursuant Employees will be subject to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline disciplinary action, up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2dismissal, for bringing illegal, non-2.3prescribed drugs and narcotics or alcoholic beverages to work; using them while working; or dispensing, distributing, or illegally manufacturing or selling them on City premises and work sites. This list of causes set forth in N.J.A.C. 4A:2Employees, their possessions, and City-2.3 is not exclusive issued equipment and discipline up containers under their control are subject to search and including dismissal from service may be made for any other combination of circumstances amounting to just causesurveillance at all times while on City premises or while conducting City business.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to the employee. Such notice shall contain a specification of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the discipline.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penalty.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. The terms of this Article shall apply to permanent career service employees and probationary employees disciplined during their working test periodSection 11.1. Unclassified and provisional employees shall only be covered where such is specifically provided.
B. Discipline of an No employee shall be imposed only disciplined except for just cause.
Section 11.2. Discipline under this Article means official may include:
A. initial written reprimand
B. subsequent written reprimand
C. suspension or demotion
D. termination Except in instances of serious misconduct, finediscipline will be applied in a progressive and uniform manner. Certain offenses may be serious enough to warrant termination by the Sheriff after compliance with Section (11.3) below, suspension without pay, record suspensions, reduction in grade regard to previous reprimands or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed to be discipline. Suspensions may take The Employer shall have the form right, at its option, to offer an employee the right to forfeit accumulated vacation leave or compensatory time in lieu of a suspension without pay. If this option is offered by the Employer and accepted by the employee, record suspensionthe forfeiture shall be equivalent to a suspension for progressive disciplinary purposes.
Section 11.3. Whenever the Employer determines that an employee may be suspended, demoted, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have terminated for disciplinary reasons, the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service Employer shall include those causes set forth notify the employee in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning writing of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to charges against the employee. Such notice shall contain a specification of , the nature of the charge, a general description discipline being contemplated and generally the explanation of the alleged acts and/or Employer's evidence supporting the allegations. The employee may request copies of any documentation the Employer possesses at that time that supports the allegations. The employer shall designate a hearing officer to conduct upon which a pre-disciplinary conference and shall notify the charge is based employee of the date and time of the conference and the nature identity of the disciplineHearing Officer at least forty-eight (48) hours in advance.
F. 1Section 11.4. The name of any If a meeting or hearing is held pursuant to this Article, an employee acting as Union representative and the employee who is notified the subject of suspension the discipline shall not receive compensation if the meeting or dismissal pursuant to paragraph E. above hearing is held during non-work hours of that individual. If the meeting or hearing is held during work hours, then the employee shall be transmitted compensated.
Section 11.5. All discipline shall be subject to the Union as soon as is feasible and grievance procedure set forth in this Agreement, but initial written reprimands shall not be subject to exceed seventy-two (72) hours after such noticearbitration. The notice Employer shall specify the imposed or anticipated penalty.have sixty
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. The terms of this Article shall apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically provided.
B. Discipline of an employee No bargaining unit member shall be imposed only disciplined except for just cause. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State Employees shall not be construed discharged or given a disciplinary suspension without first being given an opportunity to attend a conference where the employee may give his/her version of the events at issue. The employee being so disciplined shall, upon request, have a Union representative present, but shall not have the right to be disciplineaccompanied or represented by a private attorney or any other person other than the Union. Such a pre-suspension/discharge conference shall not be required relative to serious offenses requiring immediate action.
B. The University may promulgate and publish work rules regulating the conduct of bargaining unit employees and informing employees of the types of conduct which shall be deemed inappropriate. Newly promulgated or amended work rules shall be sent to the Union President or his/her designee and the parties shall meet to discuss the proposed changes fourteen (14) days prior to the date they take effect, until the time new rules are promulgated, present department rules and the enumerated offenses stated in O.R.C. §124.34 will apply. The grievance procedure shall be available if the rules are unreasonable or are applied in a discriminatory manner.
C. Copies of suspension and discharge actions will be provided to the employee or mailed to the employee's address of record and mailed to the Union President or his/her designee at the time disciplinary action is taken.
D. Disciplinary suspensions shall be for a specified number of days and holidays shall be counted as a day of suspension for this purpose.
E. Suspensions and discharges may take be submitted to the form grievance procedure at Step 3. All other disciplinary actions may be submitted to the grievance procedure at the step at which the discipline was issued.
F. Notices dealing with discipline consisting of a suspension without payor termination shall state the type and amount of discipline imposed, record suspension, or a combination of a suspension without pay or a record suspension. A record suspension is defined pursuant to N.J.A.C. 4A:1-1.3 and 4A:2- 2.4(e). Record Suspensions will have the same weight as a suspension without pay for purposes of progressive discipline.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
D. The burden of proof in disciplinary procedures shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause reasons for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of Discipline. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline shall be given to the employee. Such notice shall contain a specification of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the discipline.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such noticedisciplinary action taken. The notice shall specify include any contract provision, statute, policy or work rule which the imposed employer considers to have been violated. The Union shall receive a copy of the discipline notice at the time the notice is presented to the employee.
G. Disciplinary action will be removed from the employees personnel file and will cease to have any force or anticipated penaltyeffect in compliance with the following schedule, provided the employee has no intervening discipline while current discipline remains active. If an employee has intervening discipline during the time period that formal discipline remains active, the time of the new discipline shall extend the old discipline with it until the new discipline expires:
1. Verbal and Written reprimand twelve (12) months.
2. Suspension twenty four (24) months. Under this article the employer shall initiate any discipline within thirty (30) days of knowledge of infraction after it is determined discipline will apply (except where such is not possible)
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. A. 15.01 The terms Employer will not discipline a non-probationary employee without just cause and will be in accordance with department policy.
15.02 Disciplinary action(s) shall not be considered in future disciplines beyond the time limits set forth below provided there is no intervening discipline: Written Warning 6 months Written Reprimand 9 months Short Suspension 1 Year (Five [5] days or less) Termination Permanent The above time lines are calculated from the date of this Article shall infraction (and apply to permanent career service employees and probationary employees disciplined during their working test period. Unclassified and provisional employees shall only be covered where such is specifically provideddiscipline in an employee's current file).
B. Discipline 15.03 Any non-probationary employee who is disciplined, including suspension or discharge, shall be given a written notice of an such disciplinary action, stating the reason(s) for the disciplinary action. The notice shall be distributed to the employee within forty-eight (48) hours of the Employer's decision to discipline the employee. The Union ▇▇▇▇▇▇▇ shall be provided a copy of the notice. No non-probationary employee shall be imposed only for disciplined without just cause. Discipline under this Article means official written reprimand, fine, suspension without pay, record suspensions, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved employee. Dismissal from service or reduction in grade based upon a layoff or other operational judgment of the State shall not be construed .
15.04 Employees whose disciplinary action is to be discipline. Suspensions may take the form of a suspension without pay, record suspension, or a combination of a suspension without pay or a record suspensiondischarge shall not have such action implemented until the conclusion of Step 3 of the Grievance Procedure. A record suspension is defined pursuant All grievances relating to N.J.A.C. 4A:1-1.3 disciplinary actions shall commence at Step 3 of the Grievance Procedure. ▇▇▇▇▇▇ and 4A:2- 2.4(e). Record Suspensions will have written reprimands may be appealed through Step 4 of the same weight as a suspension without pay for purposes of progressive disciplinegrievance procedure but are not subject to arbitration.
C. Just cause for discipline up to and including dismissal from service shall include those causes set forth in N.J.A.C. 4A:2-2.3. This list of causes set forth in N.J.A.C. 4A:2-2.3 is not exclusive and discipline up to and including dismissal from service may be made for 15.05 Notwithstanding any other combination provisions of circumstances amounting this Agreement or other Employer personnel policies, all matters relating to just cause.
D. The burden of proof in disciplinary procedures actions affecting a non-probationary employee shall be upon the State, except as otherwise provided. At the beginning of the hearing, the Hearing Officer will state on the record that Management has the burden of proving just cause for the imposition of discipline, except as provided in Section K, below. There must be sufficient non- hearsay evidence in the record to establish the facts upon which management relies in meeting its burden. Management shall provide subject solely to the Union all evidence it will present in a departmental hearing, to the extent known, no later than ten (10) days after an appeal is filed of a Preliminary Notice of DisciplineGrievance Procedure herein contained. The State may supplement its initial production of documents.
E. Where an appointing authority or his designee imposes or intends to impose discipline pursuant to paragraph C. above, written notice of such discipline No disciplinary actions shall be given appealable to the employee. Such notice shall contain a specification any Civil Service Commission or State Personnel Board of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the disciplineReview.
F. 1. The name of any employee who is notified of suspension or dismissal pursuant to paragraph E. above shall be transmitted to the Union as soon as is feasible and not to exceed seventy-two (72) hours after such notice. The notice shall specify the imposed or anticipated penalty.
Appears in 1 contract
Sources: Collective Bargaining Agreement